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Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)

....instruct­ed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 362 of 2009. (From the judgment and order dated 1.6.2008 passed by the High Court Division in Writ Petition No.406 of 2004.) Judgment Su......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..

Category: Property Law | Date: | Hits: 58

Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)

....tes - For the Petitioners. Not represented- the Opposite Parties. Civil Revision No. 3542 of 1996. Judgment This Rule is at the instance of the defendants, against the judgment and decree dated 23-8-95 passed in Title Appeal No.111 of 1992 by the Court of Subordinate Judge, 1st Court, Ma......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ..

Category: Property Law | Date: | Hits: 108

Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)

....under section 233 of the Companies Act. The petitioners, on the other hand, have filed an application for discovery and production of documents specified in paragraph 5 of the supplementary affidavit dated 10th June, 1999 filed by the petitioners. 2. Mr. Mahmudul Ahsan, learned Advocate for respo......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ..

Category: Company Law | Date: | Hits: 235

Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)

....ral—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 10-7-97 passed by Additional Sessions Judge, Court No.3 Dinajpur in Criminal Revision No.92 of...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..

Category: Criminal Law | Date: | Hits: 67

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

.... the Respondent No. 5. Writ Petition No. 4828 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issued by respondent No.2 shall not be declared to have been made and ......under sub-section, (1) and on so modifying or cancelling any direction may impose such conditions as it thinks fit, subject to which the modification or cancellation shall have effect.” 18. On a scrutiny of the relevant portion-of the circular 07 it appears to us that it relates to personal loa..

Category: Business or Commercial Law | Date: | Hits: 208

Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....Salam Mondal, Deputy Attorney-General instructed by Md. Mushfiqur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 51 of 2010. (From the judgment and order dated the 19th day of August, 2009 passed by the High Court Division in Writ Petition No. 3354 of 20......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ..

Category: Others | Date: | Hits: 118

Anti-Corruption Commi­ssion Vs. Shamima Begum & others, 2009, 38CLC (AD)

.... Petitioner (In all cases). Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1658-59 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition Nos. 10744 of 20......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)

.... Mrs. Nahid Yesmin, Deputy-Attorney General (Appeared with the leave of the Court)-For the Respondents. (In all the appeals) Civil Appeal Nos. 102-122 of 2000. (From the judgment and order dated 03.06.1998 and 12.01.1998 passed by the High Court Division in Writ Petition Nos.1015, 1016, 1......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....y referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and order dated 29-5-2006 passed in Sessions Case No.28 of 2006 for commission of the offence under sections 1......ony of PWs 2 and 12 who claimed to be eye-witnesses to the criminal conspiracy. (c) Credibility of the fact of alleged recovery of a second bomb from underneath the underwear of Mamun. 74. Upon scrutiny of the materials on record we find that the charges brought against the convicts have two p..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....rney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal, Sylhet i......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...

Category: Criminal Law | Date: | Hits: 63

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

....pital, Lakshmipur and on that day (16-12-98) constable No. 10 Faridul Alam brought the dead body of Abdul Khaleque, aged about 35 years, to him in connection with Lakshmipur Police Station Case No.17 dated 16-12-98 and identified the same to him and thereafter he (PW 6) held an autopsy on the dead b......vailable on record. In other words, whether the alleged murder was committed by the condemned prisoners or not is the moot question to be ascertained in the light of the entire evidences and by close scrutiny of the record and also other related circumstances involved in the whole case. 31. Be th..

Category: Criminal Law | Date: | Hits: 91

Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

.... Siddiqur Rahman Miah J. - This revisional application under section 115(4) of the Code of Civil Procedure at the instance of the plaintiff opposite party is directed against the judgment and order dated 27-11-2005 passed by the learned District Judge, Narayanganj, in Civil Miscellaneous Case No. ...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..

Category: Civil Law | Date: | Hits: 92

Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)

.... of 2000. Judgment Siddiqur Rahman Miah J. - This Rule at the instance of the defendant-appellant under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 2-8-2000 passed by the learned District Judge, Manikganj in Family Appeal No. 18 of 1999 dismi......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..

Category: Family Law | Date: | Hits: 214

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

....f Class-IX, was murdered in her bed room in the downstairs. Her father Shameem Latifur Rahman (PW 2) in that very night lodged an first information report which was recorded as Gulshan PS Case No. 73 dated 24-4-1998 under sections 302/34 of the Penal Code. In that first information report a suspicio...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..

Category: Criminal Law | Date: | Hits: 70

Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)

....nt Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the defendant-respondents is directed against the judgment and decree dated 24-7-2000 passed by the learned Additional District Judge Jhalakati, in Title Appeal No. 106 o...... of justice" has a far-reaching significance it invests the High Court Division with wide power not only to go into the question of law but also to the question of fact. In search of fact and to make scrutiny and to assess evidence for itself for its own satisfaction, High Court Division is to see t..

Category: Property Law | Date: | Hits: 70

Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)

....aul Karim J.- This Criminal appeal, at the instance of three accused-appellants namely, (1) Mofazzal Hossain @ Mofa, (2) Mozahar Ali (3) Sekandar @ Dulahar, is directed against the judgment and order dated 30-9-1991 passed by the learned Assistant Sessions Judge, Joypurhat in Sessions Case No. 63 of......the suggestion that he held identification parade by sitting in his office. 20. These are all about the evidence on record adduced by the prosecution in support of the charge. 21. After careful scrutiny of the evidence, it appears that the informant was the only witness of recognition of the a..

Category: Criminal Law | Date: | Hits: 52

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....er, one after another, and now dispose of them by this judgment. FA No. 303 of 2000 Third Defendant, the Korea Exchange Bank (KEB), Seoul, Korea, presented the appeal against the decree dated 2‑11‑1999 passed by Subordinate Judge and First Commercial Court at Dhaka in Title Suit No......submitted that in view of Article 16(f) of UCP 400 the KEB having negotiated under reserve which concerned the KFB and the seller, the PBL was not relieved of its obligation to pay. 179. Close scrutiny of the letters of credit makes it clear that in FA 303 of 2000 negotiation of discrepant do..

Category: Business or Commercial Law | Date: | Hits: 289

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

.... Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos.1 -14. Not represented-Respondent Nos. 15-34. Civil Appeal No. 123 of 2007. (From the judgment and order dated the 24th day of May, 2006 passed by the High Court Division in Civil Revision No.2915 of 1997)......the above, we find no sub­stance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ..

Category: Property Law | Date: | Hits: 74

Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)

....cate instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-24. Civil Petition for Leave to Appeal No. 53 of 2010. (From the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No. 189 of 2006.) Judgment ......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...

Category: Property Law | Date: | Hits: 65

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

....port as on 30-9-2002 (monthly)/ June 30, 2002 (Quarterly) being default Code No. 3912 issued and circulated by the Credit Information Bureau of Bangladesh Bank under reference No. CIB 3(7)/2002-13935 dated 4-11-2002 (reproduced in paragraph 7) should not be declared to have been made without lawful ...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ..

Category: Business or Commercial Law | Date: | Hits: 251