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State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....redibility of testimony, oral and circumstantial depends considerably an a Judicial evaluation of the totality, not isolated secreting. when dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be taken into consideration. a) &nb......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ...... Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ...... Vs. 1. M. T. SCEPTRE Flying the Flag of Panama now lying at Chittagong Port, Chittagong 2. Master of the Vessel M.T. SCEPTRE now lying at Chittagong Port, Chittagong 3. Owners and parties interested in M. T. SCEPTRE now lying at Chittagong Port, Chittagong 4. Rainbow Shipping Line, Sa......fendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....their accounts. Accordingly in that case final report was submitted and a fresh FIR was lodged by Sabiur Rahman, Sub-Inspector of police, attached to Sylhet Kotwali Police Station against the accused persons namely (1) Kaisar-uz-zaman (petitioner), (2) Fariduddin (3) Nasrin Chowdhury (4) Iqbal uddin...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......sed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....lusion that the heirs of Elahi Box are admitted co-sharers. The Court of appeal below further observed that the trial Court's observation that the pre-emptees did not point out about the names of the persons who have been left out despite that they were asked to supply the particulars in the interro......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ...... allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Nazir Vs. State, 2011, 40 CLC (HCD)
....way. On the date of occurrence at around 7-15 AM, a baby taxi being No. Dhaka Metro 03-1289 was heading towards the place of occurrence from Dhaka. At the time of searching the baby taxi, 5 suspected persons tried to flee away from the baby taxi. However, the informant and others caught them red han......…...... (16) Judgment and order based on evidence of intersted witness not sustainable In a case where the informant and investigating officer is the same person, the informant is an interested witness and the impugned judgment and order based on the evidence of interested witness i......arged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....r proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including respondent Nos.1-3 alleging inter alia, that she was a girl of 12 years and was a ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......oceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ed to the case of State Vs. Mozammel and others, 9 BLC 163 and submitted that an extra judicial confession is very week type of evidence for convicting an accused unless by actual word of the accused persons making statement is brought on record and such a case finds reliance corroboration. There is......e as against the accused appellant punishable under section 10 of the Nari-O-Shishu Nirjatan Daman Ain, 2002. He further submitted that the prosecution witness No.1, 2 and 3 are all inter related and interested witnesses and the PW13 is the husband of the informant. He further submitted that, admitt......ail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ানা প্রতিষ্ঠান, অংশীদার কারবার, কোম্পানী, সঙ্ঘ বা সমবায় সমিতি” 17. In other words, persons are those who aspire to participate in the bidding process. Considering the said definition......nts of the EOI and the materials enclosed therein including the performance certificates issued against past contracts(Annexure-D). Following the assessment of the respective EOIs submitted by the interested parties, the petitioner along with 7 (seven) other contractors were short listed as cont......ed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....sed in Articles 5(b),(c),(e) whereas the word 'sponsor' has been used in Article 95 and 96 of the Article of Association. 32. Mr. Karim also submitted that the promoters/sponsors are the persons who formed/ floated the company and the first subscribers to the shares of the respondent No......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......nd to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
....ed. 4. The prosecution, in order to prove the case, adduced as many as 23 witnesses of whom 8 were tendered and their cross-examination were declined. The defence examined none. The accused persons were examined under Section 342 of the Code of Criminal Procedure but they claimed their inn...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......ecords, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......al effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....0 (fifty lakh) by dishonest means, as alleged, and that nothing has been stated in the FIR or in the charge-sheet to show his complicity in the alleged banking transaction that took place between two persons through their respective accounts, maintained in two places, except the allegation that ther......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ...... bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....ch authorized the appellants to evict the unauthorized occupants has no application to the writ petitioners. The expression ‘joint owners’ according to the said dictionary means: “Two or more persons who jointly own and hold title to property i.e. joint tenants, and also partners and tenants...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ....... Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....the petitioner was falsely implicated in this case at the instance of his enemies who set fire at his house upon which he initiated a criminal case against them and some of the F.I.R. named witnesses persons are accused of the said of this case, who managed to file this case after long lapse of time......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....t all times to serve the people.
13. The Constitution not only imposes obligation upon the citizens but also protects them from the excesses as well as laches of the authorities. As such, the persons who are unable to file a formal application, cannot be without remedy in vindication of thei......ssociated with the drafting of the Constitution, but because of such association, one cannot be accepted as an authority to interpret a provision of the Constitution, more so, when one appears for an interested party. ‘Yes’, in order to clear up ambiguity, obscurity or other difficulties......
......trayers.
86. Our Holy Prophet Hazrat Muhammad Rasulullah Salla’llahu Alaihi Wa Sallam is the greatest law-giver of the world as revealed to him, although he never had any institutionalised education. He was the greatest and the final messenger of the Almighty Lord, and He Himself was his ..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....n the position of a sentinel at the door of criminal Courts in order that no irresponsible or malicious prosecution can pass the portals of the Court of justice. It is, therefore, essential that persons charged with the responsible duty of granting sanction, which is a duty of deciding whe....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ...... Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....and further asserted that if any shares was found to be transferred that was done by forging her signature. Despite of repeated request for getting back her shares there held no enquiry against those persons who were involved with the process of forgery. The plaintiff was not given back her shares. ......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ...... also Reported in: 65 DLR (HCD) (2013) 11. ......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......) now berth at CUFL, Jetty P.S. Bandar, Chittagong, represented by their local agent defendant No.5 M/S/Mariners transport system Co.67, Agrabad Commercial Area, Chittagong. 3. Owner and parties interested of the vessel M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S. Bandar, C...... the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....ife and once again the appellant demanded Taka 6 lakhs as dowry. On her failure to pay the dowry money he was tortured and on the date of occurrence i.e. on 26-3-2010 at about 6-00 PM all the accused persons assaulted the sister of the informant causing serious injuries and at one stage the appell......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......vation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
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