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Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....er under section 448 of the Penal Code which is the subject matter of the rule in Criminal Revision No. 239/88. 4. The facts relevant for both the rules are as follows: The complainant opposite party filed a complaint petition on 3.10.85 against the accused‑petitioner under sections 380/448 ......cent and he did not put any lock on the shop. The complainant had taken away the merchandise and his belongings from the shop in the month of July, 1985, and the criminal case was filed only to avoid payment of arrear rents. 7. The learned Metropolitan Magistrate by his judgment and order dated 8......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....e Commission may, at any time, order the inclusion in the electoral Roll of the name of any person qualified to be enrolled on such electoral Roll and such name shall from the date of such order form part of the electoral roll." 3. The Chief Election Commissioner in response to this Court's direc......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229.......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229...Category: Election Law | Date: | Hits: 112
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....ia, Advocate ‑ For the Opposite Parties. Civil Revision No. 642 of 1987. Judgment Mohammad Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure opposite party Nos. 1 to 2 were directed to show cause as to why the judgment and order dated 10.5.87 passed ......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......ese defendants have been possessing 18 decimals in the northern portion of the said plot No. 811. They purchased the above portion in 1976 and since then they have been possessing the same. They took loan from the house Building Finance Corporation for Construction of multistoried building there. In..Category: Property Law | Date: | Hits: 59
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....1 now pending in the Court of Senior Special Tribunal No. 1, Dhaka on the grounds, inter alia, that there arose a reasonable apprehension in the mind of the accused that he would not get a fair and impartial trial from that Tribunal stating the grounds for such apprehension in the application which ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....also supported the defence case that Arun was in loose motion while he was in the hands of the Jailor. It is also the case of the defence that there is no premeditation or pre‑concert action on the part of the accused‑appellants to cause the injuries on the person of Arun or to extort any money ......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......mmencement of L.P.R. The writ petitioner came to know about the official correspondence of the audit authority under the signature of writ-respondent No.6. During audit of BCIC's accounts relating to payment to the writ-petitioner objection was raised in the light of the memo No. 249(13) dated 02.07......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ..Category: Employment/Service Law | Date: | Hits: 90
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....ous Khan. On 25.6.85 the Second Master of the vessel MV Modhumati lodged an information in Golachipa PS being GD entry No.566 dated 25.6.85 about the accident. The plaintiff took some time to collect particulars of the defendant and on getting full particulars the plaintiff wrote a letter to the def......ill for the repairing cost of MV Modhumati and sent the same to the defendant on 15.3.87 requesting him to pay aforesaid amount in terms of the bill but the defendant did not make any arrangement for payment of the above bill. The plaintiff issued legal notice on 16.6.87 through his legal adviser fo...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....0 AM next day in the field of village Molla Kua. None was aware about the manner in which Sabdul had met his death. There were multiple injuries on the dead body‑on the neck, head, throat and other parts. P.W.1 lodged the First Information Report at 9‑30 AM that day. 3. P.W.9 Abdus Sattar, SI...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......ated that the accused Nazrul and Kashem were suspected by his mother and Sabdul's wife, as they had borrowed Tk. 3000.00 from Sabdul. In reply to cross‑examination he stated that he heard about the loan after the death of Sabdul. He admitted that there was an application by the villagers to the Up..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... the People's Republic of Bangladesh and is directed against a letter being Memo No. Engg. 7/7‑624/92 dated 31st March, 1992 issued by the respondent No.2 namely, the General Manager, Engineering Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Cent......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....re being made with the motive to rescue the Government from the compulsion of filing affidavits. He further commented that at the time of delivering judgments, the Judges are giving preference to the party's identity of a particular political party other than that of the interpretation of law. One J......ho was at the time in the armed services and whose affairs were being handled by an agent, one Burchard) claimed under a lease. That case turned on whether Mayes, lease was forfeited because of non-payment of rent. At the close of the testimony each side moved for an instructed verdict. The Judge ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....e Nos.8462 and 8463 of 2010). Judgment SK Sinha J. - These Petitions for Leave to Appeal are directed from two separate judgments of the High Court Division but since the subject matter and the parties are identical, these petitions are disposed of analogously by this order. 2. For our conv......the drawee for encashment but the cheque was dishonoured on 15th June, 2008. Thereupon, the drawee-respondent served a legal notice through his lawyer on 22nd June, 2008 requesting the petitioner for payment of the money but the accused petitioner despite receipt of the notice did not respond to the......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ..Category: Criminal Law | Date: | Hits: 118
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
.... the financial organizations like Bangladesh Shilpa Rin Sangstha, Bangladesh Shilpa Bank, Commercial Bank including foreign loan or any other loan given to the Mills as per terms to be settled by the parties and that the purchaser was required to arrange with those financial organizations for repaym......itioner by his letter dated 19th October, 1999 accepted the offer and agreed to buy the Mills. Thereafter, writ respondent No.2 by Letter of Intent dated 5th March, 2000 requested him to pay 25% down payment within 1(one) month of issuance and the writ petitioner paid Taka 52,87,500. An Inventory Co...... Crooner out of which 65 million was allocated to the Bangladesh Sugar and Food Industries Corporation for the above Mills, which is equivalent of Taka 15, 34, 45,000, has been described as long term loan against the said allocated grant but no re-lending agreement was executed between the Ministr..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
.... property situated at Bazarghat in the District of Agartala, India since the said Nabaddip Chandra Banik left the then East Pakistan and migrated to Bazarghat for ever and never returned back to this part of the Country. The plaintiff further asserts that pursuant to the said amicable settlement the......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......d comprised in Plot No.151 within same Khatian, being a pond, total measuring 0.31 acres of land were originally owned and possessed by one Srimati Bimala Banik and her five sons who took Taka 925 as loan from one Kailash Chandra Banik and secured the said loan by mortgaging her property including t..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
.... articles run as follows: "28. That instrument of transfer of any share in the Company shall be in any usual of common form which the Directors shall approve so as to suit the circumstances of the parties and shall be executed both by the transferor and the transferee and the transferor shall be ......f 969 shares in the Eastern Banking Corporation. By the above letter Mr. S Khurshid Anwar was also requested to inform whether he was agreeable to take up 4845 shares of Uttara Bank Ltd. against cash payment. On the publication of the prospectus in the newspaper on 29‑2‑84 by Uttara Bank Ltd., t......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....r drawing up a proceeding under section 145 of the Code of Criminal Procedure. The learned Sub‑Divisional Magistrate drew up a proceeding and the present petitioner and others who were the opposite parties therein appeared and after hearing both the parties the Sub‑Divisional Magistrate, by an o......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....fendant No. 17 on a declaration that the kabala dated 24.11.48 is void and for recovery of tins or their respective price. The suit was originally dismissed on 15.7.59 but on appeal it was decreed in part. There was a second appeal being No. 172 of 1961 to the High Court but the same was dismissed. ...... on 29.12.1972 when the petitioners filed haziras and the said opposite parties filed an application praying for time for taking steps. Upon the said prayer the learned Munsif allowed time subject to payment of cost of Tk. 10.00 to the petitioners and fixed 30.12.72 for steps. That on 30.12.72 the l......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd it has a branch at Ajmiriganj, District Sylhet, Dow district Habiganj. The defendant No. 1 was the acting Head Cashier of the said branch and was in charge of the cash kept in the branch. It was a part of his duty to keep the cash, enter it in the Vault Register and also to have the key of the va......ndant No. 1. This defendant No.1 never defalcated the amount of Tk. 19050.12 paisa or any other amount while he was on duty as acting Head Cashier in the Ajmiriganj Branch and as such the question of payment of the amount by him does not arise. It is absolutely false and malicious to say that the de......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....ication under Order 16 rule 10 (3) and another under Order 16 rule 1 of the Code of Civil Procedure. 2. The short facts relevant for disposal of the rule may be stated as follows: The opposite party Nos. 1‑4 as plaintiffs instituted Title Suit No. 228 of 1986 in the 1st Court of the Subordi......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....or its order under sub‑section (3) within fifteen days from the date the cause is shown. (5) No order under this section shall be made directing any person to remove or dismantle any building or part thereof or to fill up any tank or part thereof unless it is found that‑ (a) such building ......at notice on 18.5.1989 stating that the said tin shed was not constructed in an area contrary to the Master Plan or development plan and the petitioner is prepared to get sanction for his tin shed on payment of 10 times of the prescribed fee and reasonable fine and prayed for withdrawing the notice ...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....t the instance of accused petitioner Mrs. Sigma Huda in an application under section 561A of the Code of Criminal Procedure was issued upon the Deputy Commissioner, Dhaka and the complainant opposite party No.1 to show cause as to why the proceeding of P. Case No.765a/1985 under sections 499/500 of ...... for the education of the boy, in that the father of the boy says that he is the legal guardian and is to be notified concerning his progress and any other report. I would also like to know about his payment of the fees. I am getting stuck in the middle of the stream and I am without oars, so please......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..Category: Family Law | Date: | Hits: 191
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