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Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......hibitory order. Mr. Nazrul Islam finally, submits that knowing fully well that he has not committed any contempt of this Court, the petitioner with mala fide intention dragged him to his Court with a view to harass and humiliate him and therefore, an exemplary cost should be awarded against the peti..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

.... 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: ......hich they pleaded their innocence and claimed to be tried and because of their absconsion the charge could not be read over and explained to accused Ahidul Islam and Kamal. The prosecution, with a view to establish the charge examined as many as 10 witnesses and the defence examined none. 4. A..

Category: Criminal Law | Date: | Hits: 98

Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)

....lling at the centre ought to have been ordered and the Chief Election Commissioner illegally refused to exercise the jurisdiction vested in the commission to order repoll at the disputed centre on an erroneous assumption that after deletion of Rule 68. he has no such power, overlooking that Rule 68 ......iction should direct the Election Commission to order repoll in the disputed centre. 5. Mr. AW Bhuiyan, learned Additional Attorney‑General appearing for the respondent No.2 submitted that in view of the statement of the Presiding Officer before the Chief Election Commissioner and his report..

Category: Election Law | Date: | Hits: 177

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ...... corroboration. The learned District and Sessions Judge has rightly disbelieved the statement of P.W.2 in the face of such enmity and criminal proceedings including cases of murder. We also share the view of the learned Judge in this paint. 16. The next star witness of the prosecution is P.W.3..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......orthcoming parliamentary election. The grounds are totally non‑existent as the detenu is no more in power and there was no ground to detain the detenu as the reasons shown do not come within the purview of prejudicial acts and the detention for public safety and public order is unfounded and unlaw..

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......dge about the country of origin or manufacture of any cloth. No other P.W. supported the prosecution case that the seized series were Indian series. In the above facts and circumstances we are of the view that the petitioner should not face any fresh trial for the negligence of the presiding officer..

Category: Criminal Law | Date: | Hits: 73

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

....ি বাদীনিকে অপমান করিবেন”। Thus it appears that the trial Court totally misread the plaint. 14. Dr. Rafiqur Rahman submits that the Family Court has erroneously come to a conclusion that there is no direct evidence that the opposite party husband at......ing question which was referred to them by a Division Bench of the same Court "whether under Muslim Law the wife is entitled to ‘khula’ as of right.” This explanation had become necessary in view of the fact that in some authorities the word ‘khula’ was denied as an agreement between th..

Category: Family Law | Date: | Hits: 265

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......or is a declaration and the cancellation of the will on the ground that it is a forgery. For cl. (d) to ap­ply, the suit must be expressly for the purpose as indicated in it. It is not enough, in my view, for the clause to apply, to say that the relief granted in the suit would indirectly affect ri..

Category: Property Law | Date: | Hits: 136

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......e parties had the knowledge of the fact that the award had been made or the fact that they had signed the award would not start the time running under Article 178 of the Limita­tion Act. This is the view which was taken in the Punjab authority referred to above as well as in Jai Kishen Vs. Ram Lal ..

Category: Procedural Law | Date: | Hits: 93

Mercantile Fire and Gen­eral Insurance Co. Ltd. Vs. Bata Shoe Company Pakistan Ltd., 1989, 18 CLC (HCD)

....ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ......goods in proper condition then there would have been no loss or damage. In the facts of the present on a refer­ence to the oral and documentary evidences as has been referred to above, we are of the view that the appellant has failed to make out a case of non­disclosure of any material fact on the..

Category: Business or Commercial Law | Date: | Hits: 325

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

....y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ...... caused either to the members of the Company or to its creditors the extension of the per­iod is necessary in order to protect the interests of the share-holders as well as the creditors and in that view of the matter it is just and equitable to extend the period for registration of the deed of mor..

Category: Company Law | Date: | Hits: 191

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......em along with others from the category of plaintiffs to that of pro forma defendants. 7. Let us have a look at Order XXIII as a whole in order to examine the meaning and purport of the same with a view to examining the applicabil­ity of sub-rule (4) of rule 5 of Order XXIII. Order XXIII reads as..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......ed.......................Petitioner Vs. The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents Judgment November 14, 1989. Result: The order passed to review. Lawyers Involved: Shamsul Huq Chowdhury with Mahmudul Is­lam. Salma Masud Chowdhury,..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......ib kept his hair on head unduly long without cutting on the promise that he would not cut the hair until they take revenge by finishing Akhtar Hossain and the members of his family. Accordingly, with view to take revenge, Sirajul Islam and his sons Rajib and Sohel became successful by killing Aktar ..

Category: Criminal Law | Date: | Hits: 105

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......d of contract on the reasoning that the plaintiff did not prove the execution of the contract by examining the witnesses, who were supposed to prove it. Under such circumstances, the plaintiff with a view to remove the defect filed an application for recording additional evidence under Order 41 Rule..

Category: Procedural Law | Date: | Hits: 113

Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......t-petitioner entered appearance in that suit and filed a written statement denying material allegations of the plaint and 23‑1‑94 was fixed for pre‑emptory hearing of the suit. On that date, in view of taking no steps by the plaintiff, the suit was dismissed for default in presence of the defe..

Category: Procedural Law | Date: | Hits: 94

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......rt. We have already pointed out that no affidavit-in-opposition has been filed by the respondent to controvert the statements made in the writ petition. 10. From our above discussion we are of the view that under section 165 of the Code of Criminal Procedure the Sessions Judge concerned can accor..

Category: Criminal Law | Date: | Hits: 305

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16 wherein their Lordships held: "the settled princi­ple of law is that to bring a case within the purview of section 561A for the purpose of quashing a pro­ceeding one of following conditions must be ..

Category: Criminal Law | Date: | Hits: 94

AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)

....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......ecial Judge, Rajshahi petitioner has been acquitted for the benefit of doubt and against the acquittal Government has preferred appeal and the appeal has been admitted and is pending for decision. In view of the decision in the case of State Vs. Mohammad Hossain and others reported in 25 DLR 207 the..

Category: Employment/Service Law | Date: | Hits: 147

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445....... with Isha Nabi or Prophet Mohammad (Sm). But even then in the year 1988 there was an attempt to find out who was Jesus. The Time Magazine in an article on religion under the heading "A Holy Furor" reviewed the film. The story unfolds like this "Jesus has brief on­screen sex with his first wife Mar..

Category: Civil Law | Date: | Hits: 210