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State Vs. Shahin and others, 2009, 38 CLC (AD)

....ter investigation, submitted charge-sheet against the respondents and other accused under section 302/34 of the Penal Code. After receiving the case record the learned Mahanager Sessions Judge, Dhaka registered it as Mahanagar Sessions Case No.3656 of 1999 and framed charge against the respondents a......o them and it is unbelievable that though the victim was alive for more then seven days and was in hospital but none of his relations including P.W.1 visited him and further P.W.10, who conducted the post mortem examination, in his deposition stated that there are numerous serious injuries sustained......aking such a dying declaration and further the victim was in the hospital for seven days but he did, not disclose anything to the attending doctor, nurse or wardboy and in the case reported in 10 DLR(AD) it has been held that a dying declaration is highly doubtful and cannot be relied for finding a ..

Category: Criminal Law | Date: | Hits: 33

State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)

....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... of Rajah Ali, lodged the First Information Report whereupon investigation officer visited the place of occurrence, held inquest on the dead body of Rajab Ali and sent the dead body to the morgue for post mortem examination PW 6 held post mortem examination and submitted his report. Police after inv......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ..

Category: Criminal Law | Date: | Hits: 38

Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)

....the suit. 2. The facts of the case, in short, are that the plaintiff instituted Title Suit No.211 of 1984 in the Court of Senior Assistant Judge, Perojpur for performance of the award created vide registered instrument dated 04.05.1981 by the defendant Nos.2-4 contending, inter alia, that the pla......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To- Government of Bangladesh Vs. Jalaluddin Ahmed, 37 DLR (AD) 27. Lawyers Involved: Syed Mahbubar Rahman Advocate-on-Record-For the Petitioner. Not r..

Category: Property Law | Date: | Hits: 30

Managing Director, Rupali Bank Limited & Ors. Vs. Chairman, First Labour Court & ors., 1992, 21 CLC (HCD)

....ufficient materials and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (1994) 143. ...... case was taken up for consideration by the Bank authority who asked him to appear before the Deputy General Manager and he appeared and was asked to submit an application for his confirmation in his post. Accordingly, he applied for confirmation but no order has been passed as yet. 4. On the abo......ufficient materials and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (1994) 143. ..

Category: Labour and Industrial Law | Date: | Hits: 93

Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)

.... 8. In reply to this contention regarding maintainability of the writ petition, Mr. Hassan Ariff, the learned Advocate for the petitioner submits that the DSE, although incorporated as a company and registered under the Companies Act, but since it carries on its objects and performs its functions a...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66....... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...

Category: Business or Commercial Law | Date: | Hits: 210

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

.... The stand adopted by the Advocate General is that the Court cannot compel the State or the legislature to issue orders or make law in that regard. As we find that organised bodies or associations or registered political parties by their act of calling and holding bundh, trample upon the rights of c......urtailment of that is tantamount to denial of the fundamental right enjoyed by the citizen guaranteed to them under Article 19(1)(a) of the Constitution. Article 19(1)(a) of the Constitution of India postulates as follows; All citizens shall have the right to freedom of speech and expression and Art......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....this judgment. 2. The respondent as the writ petitioner filed petition No. 3503 of 2009 stating inter alia, that the organization 'Human Rights and Peace for Bangladesh (HEPB)' is a non profitable registered organization and the objects of the organization is to uphold the rights of the citizen a......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......prema lex esto' i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..

Category: Environmental Law | Date: | Hits: 344

Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)

.... The said matter was filed after expiry of record date i.e. 25.09.2005. As such the record date was never stayed. Rather all shareholders acted upon the said record date by way of getting their names registered as shareholders in the share register book or depository book and some shareholders also ......09.2005 for holding 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. as illegal and directing United commercial Bank Ltd. to (a) prepare fresh balance sheets showing the paid up capital at the post 2001 meeting level for the years 2003, 2004 and 2005; (b) fix afresh a record date for the 20th..............Respondents (In all cases). Judgment April 7, 2010. Cases Referred To- Satish Chandra Banik Vs. Dhaka Jute Mills Ltd., PLD 1968 Dacca, 610; Ghyasuddin Ahmed Vs. Faruaue, 38 DLR, (AD) 1986, 296. Lawyers Involved: Rafique-Ul Huq, Senior Advocate instructed by Mvi. Md. Wahidu..

Category: Company Law | Date: | Hits: 191

Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)

.... dispose of both the Rules. Earlier Rule arises out of Title Suit No. 50 of 1990, which was re‑numbered as 26 of 1992, Opposite Party No.1 Md Kalimullah instituted the suit for declaration that the registered deed of lease being No. 5679 dated 18‑5‑65 executed by his father late Ahidullah in f......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...

Category: Property Law | Date: | Hits: 27

Bhola Vs. State, 2001, 30 CLC (HCD)

....eard that Mohammad Ali was murdered. The wife of Mohammad Ali told them that the accused persons called and took away her husband telling that they will clear up all transaction and the deed would be registered on the next date. In cross­-examination he stated that his house is situated near the ho......that the deceased used to occupy the land of others forcibly and he was deposing falsely. 14. PW 8 Dr. MA Mannan stated that on 16‑1‑85 he was Medical Officer, Jamalpur Sadar Hospital. He held post‑mortem examination of the dead body of Mohammad Ali. He found the following injuries: 1. O......anuary 15, 2001. Result: The appeal is dismissed Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobarak Hossain Vs. The State, 1 BLD 286. Lawyers Involved: Md. Kaisar Ali, Advocateâ€..

Category: Criminal Law | Date: | Hits: 41

Abani Kumar Mistry and others Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....ring his possession, he died leaving 2 minor sons namely, Pagla Mondal and Lalit Mondal. One Haribala Mondal, uncle of Pagla Mondal and Lalit Mondal, settled 22 areas of land with Sreemanta Mistry by registered patta dated 12-4-1928. Haribala Mondal again settled 1.75 acres of land by registered pat......le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ......gment July 9, 2006. Cases Referred To- Laxmi Kanta Roy vs. Upazila Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mia vs. Suruj Mia 51 DLR (AD) 57; Shamser Ali (Md.) vs. Mosammat Katizad Bibi 44 DLR (..

Category: Property Law | Date: | Hits: 27

Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)

....a. That appeal is still pending. The defendant No. 16 submitted case No. 158 of 1989 before the concerned Rin Salishi Board for getting a declaration that the kabala deed dated 31-7-1983 executed and registered by her in favour of the plaintiff No. 3 to be declared as খাইখালাশী ব....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......ment of affirmance there is nothing to interfere by this Court in revision. In support of his submissions he relied upon the decision reported in 22 DLR 655, 27 DLR (SC) 138, 17 DLR (SC) 315, 37 DLR (AD) 361 and 48 DLR 579 para 14. 12. I have heard the learned Advocates of both the parties an..

Category: Property Law | Date: | Hits: 34

Amirul Islam (Md) Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2006, 35 CLC (HCD)

....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258.......petitioner to continue in service with all benefits. 2. The short facts relevant for the purpose of the case are, that the petitioner after obtaining the graduation degree in 1997, applied for the post of Police Sergeant having been qualified in all tests. He was appointed as Police Sergeant and ......epresented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents Judgment May 15, 2006. Cases Referred To- Government of Bangladesh vs. Sharfuddin Molla 54 DLR (AD) 120; Waris Meah vs. State PLD 1957; Registrar of Supreme Court vs. Safiuddin 6 BLC (AD) 141; Ban..

Category: Employment/Service Law | Date: | Hits: 67

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....A/A Second Colony/Mirpur), Dhaka (Kha 36) measuring an area of 5 kathas of land along with pucca structures was given allotment to one Md. Younus Ali, son of late Md. Yusuf Ali of the same address by registered agreement dated 29-7-1963 followed by possession and thereby the said Md. Younus Ali beca......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ................ ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Bangladesh vs. Amela Khatun 53 DLR (AD) 55; Bangladesh vs. Helaluddin Ahmed 4 MLR (AD) 140; Bangladesh vs. Rehana Kamal 56 DLR (AD) 1; B..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

.... Mohammadpur, Dhaka, measuring an area of 144 square yards originally belonged to the then Government of East Pakistan and that the Government leased out the aforesaid property to Syed Md. Yunus by a registered deed of lease being No. 2067 dated 2-2-1960; that after taking delivery of possession of ......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......ioner Vs. Court of Settlement and others ......Respondents Judgment February 5, 2007. Case Referred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers involved: MA Quddus Sheikh, Advocate—For the Petitioners. Kar..

Category: Property Law | Date: | Hits: 33

Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)

.... Chandra Roy was recorded tenant in respect of the land of plot No. 1743 with an area 58 decimals. Of said land, the preemptor purchased 28 decimals along with 39 decimals of land of plot No. 1741 by registered Kabala being No. 2916 dated 12-10-65. He also purchased 1.70 acres of land by 2 kabalas d......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......ioner Vs. Tobarak Ali and others…………………Opposite Parties Judgment February 14, 2007. Cases Referred To- Shafi Khan vs. Mannujan Hussain, 35 DLR (AD) 225; Md. Sukur Ali vs. Sree Suresh Chandra Barman and others, 1984 BLD (AD) 219. Lawyers..

Category: Property Law | Date: | Hits: 28

Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)

....the house. After departure of the dacoits, they found the victims with bleeding injuries lying on the ground. 4. On the basis of the FIR lodged with the local police station, the Fulpur police registered a case, held inquest on the dead bodies, sent the dead bodies to the morgue. In course of......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 . ......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)

....der different sections inclu­ding section 302 of the Penal Code on 3-12-99. The learned Magistrate sent the case record to the Sessions Judge, Pabna for trial, where Sessions Case No. 20 of 2002 was registered and thereupon, the case was transferred to the First Court of Additional Sessions Judge, ...... 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. ......s. Paramand, AIR 1949 Pat 222 (FB); Dy Accountant General, Kerala vs. State of Kerala, AIR 1970 Ker 158 (FB); Abdul Karim vs. State of Karnataka AIR 2001 SC 116; Sikander Ali Sikder vs. State 31 DLR (AD) 135, Prativa Rani Dey vs. Dr. Md. Yusuf 52 DLR (AD) 8, Syed Motiur Rahman alias Motiur Rahman vs..

Category: Criminal Law | Date: | Hits: 43

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

....t premises to said defendant Shaherunnessa on the basis of an oral agreement. Then, Lutfor Rahman transferred the suit premises along with other properties to his daughter, the plaintiff, by way of a registered gift dated 17-6-98 and delivered possession. The plaintiff then got her name mutated in B...... 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. ............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, Advocate—For the Petitioner. (in both the Rules..

Category: Property Law | Date: | Hits: 35

Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)

....namely, Radhagobinda and Pratap Chandra. By successive devolution, Radhagobinda and others became owners in possession of said land. They on 2-1 -54 transferred said land to the plaintiff by way of a registered 'Patta' being No. 7441 and a registered sale deed being No. 7442 and delivered possession......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. ......Shamsur Rahman and others………………….Opposite Parties Judgment February 8, 2007. Cases Referred To- Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AI..

Category: Property Law | Date: | Hits: 32