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Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Judgment SM Emdadul Hoque J.- This Rule at the instance of the petitioner Md. Insab Ali is directed against the respondents to show cause as to why the seizure dated 24-1-2007 of the petitioner's goods by the respondent No.4 purportedly under the direction of respondent No.1 and depositing those...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ..Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......d Judgment and Order dated 15-11-2007, FIR, charge-sheet, reports of the Medical Board (Annexure-C), report of the Chairman, Cardiology, Department, BSMMU Hospital (Annexure-Y) and other materials on record. It appears that the convict-appellant preferred this application for bail on medical groun......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......he petitioners of the said application with a further finding that the petitioners filed bond with a promise to pay which is not permitted by law. 14. It is, however, apparent on the face of the record that at the filing of the Miscellaneous Case No.27 of 2009 an order sheet was initiated with ......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ...... Mokbul Hossain, and Atiqul Islam under sections 323/326/379/302 Penal Code, showing all of them absconding, subsequently they surrendered to the court and they were sent to the custody. 3. Case record was sent to Sessions Judge Mymensingh for trial and disposal. It was registered as Case No.23......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......ubmitted final report against the accused on 2‑9-1999. 3. The informant being aggrieved by the final report filed Naraji petition before the learned Magistrate and the Magistrate sent the case record to the learned Special Tribunal for passing necessary order in the case. The Investigating Of......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279......., the accused-petitioner has incurred the criminal liability of cheating the complainant-opposite-party No.2. 6. We have heard Mr. Md. Khurshid Alam Khan and Mr. Sirajuddin Ahmed and perused the record. 7. At this juncture, we deem it prudent to refer to section 138(1) of the Negotiable Inst...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......desh Airlines Limited (formerly Bangladesh Biman Airlines) on 20-8-1984 as Manager (Motor Transport) and was confirmed on 3-3-1985 with effect from his date of joining. Due to his unblemished service record he was lastly promoted to the post of Director (Customer services) on 26-4-2005. While the ......he respondent No.5 should not be declared to have been made without any lawful authority and is of no legal effect and why a declaration shall not be made that the petitioner has right to continue in service till the completing of 57th year of age and/or pass such other or further order or orders as..Category: Employment/Service Law | Date: | Hits: 157
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......of the appellant Mosharraf Hossain and handed him over to Lakshmipur police station at about 5.30 PM. On the following day Mosharraf Hossain made a statement under section 164 CrPC (Ext. 1) which was recorded by P.W.2 Mr. Chairman Ranjan Barua Magistrate 1st Class. Subsequently appellant Mainuddin w......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......he suit property and he never paid any monthly rent to the land‑lord of the suit premises. Both the parties adduced evidence both oral and documentary and after considering the material evidence on record, the learned Judge found that the defendant was a defaulter of the premises and decreed the s......alf of other plaintiffs. So, if the notice is considered along with Ext.7, it appears that the notice was legally issued by the plaintiffs as required under law and there is no lacuna in issuance and service of the notice under section 106 of the Transfer of Property Act. The contention of Mr. Faruq..Category: Property Law | Date: | Hits: 108
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434....... Appears - For the Opposite Parties. Civil Revision No. 4018 of 1999. Judgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cau......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ...... above, we have noticed that in this Rule the main ground is, that a proceeding cannot be initiated against a private person under sections 4 and 5 of the Anti-Corruption Act, 1957. On perusal of the record of this criminal revision we have found that at the time of issuing the Rule with reference t......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......er section 200 of the Code of Criminal Procedure and cognizance had been taken against the accused-petitioner. The Court after hearing the parties and on consideration of all the materials brought on record found a prima facie case against the accused-petitioner under sections 406/420 of the Penal C......d-petitioner is represented by the learned Advocate Mr. Md. Serajul Huq. None appeared on behalf of the complainant-opposite-party. 9. In support of the Rule two contentions have been pressed into service which are: (i) The petition of complaint does not disclose any ingredient of offence puni..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....antial inquiry as to voluntariness of the confession, in doing so, the Megistrate must put questions to the confessing accused to find out if the confession is made out of repentance or for any other good reason or whether it is the result of torturing or tutoring by somebody or whether it has been ......44 DLR (AD) 10. 11. On the other hand, Mr. Farhad Ahmed, the learned Deputy Attorney General appearing on behalf of the State submits that the trial Court on proper appreciation of the evidence on record rightly found guilty to the accused persons. He further submits that the confessional state...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......he Exhibits Ka-Ka4. These defendants pleaded further that in CS Khatian the quantum of land of suit plot No.371 was wrongly printed as 0.0090 acre in place of 0.90 acre and that in view of this wrong recording of the CS Khatian the deed writer also wrote this wrong quantum of land of CS Plot No.371 ......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....in Dhaka Central Jail is connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Bangladesh Army with a good record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim fa......aka Central Jail is connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Bangladesh Army with a good record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family ......l Jail is connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Bangladesh Army with a good record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this co..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....found from the judgments and orders of the trial Court, High Court Division and the Appellate Division that the defendant-respondents filed the cases complained of with bona fide belief that they had good cause of action and they, would succeed in getting relief. In other words, the civil proceeding......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......e for the plaintiff-respondent, on the other hand, submits that the plaintiff-respondent has been able to prove his case for specific performance of contract on the basis of evidence and materials on record which, according to him, clearly established that the defendant-appellant failed to execute a......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
Category: Property Law | Date: | Hits: 85
AKM Rafiqual Alam Vs. State, 1997, 26 CLC (HCD)
....onouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 265. ......onouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 265. ......family Court of Muktagacha Thana it appears that the notice for the talak was issued on 26-6-95. It further appears that the petitioner took the second wife on 29-5-95 i.e. about one month before the service of the notice not to speak of expiry of 90 days as provided under section 7 of the above Ord..Category: Family Law | Date: | Hits: 178
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263....... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......st be in Form No.4 in Appendix B or in such other form as may be prescribed from time to time. When the summons is served on the defendants, he is to obtain leave of the Court within 10 days from the service thereof appear and defend the suit and in default thereof the plaintiff would be entitled to..Category: Procedural Law | Date: | Hits: 92