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Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....25 of 1987 and/or to as such other or further order or orders as to this Court may seem fit and proper." 2. In the application under section 561A of the Code of Criminal Procedure the petitioner stated that the petitioner along with others (in total 15 persons were put on trial before the 1st......t Division and after issuance of the warrant of arrest the petitioner became fugitive from justice and after his surrender there might be a scope to give effect of the order of the Ministry of Home affairs as claimed by the petitioner. 6. Being aggrieved by the said orders and to give effect ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....arising out of the same impugned judgment and order having been heard together are now being disposed of by this common judgment as they do involve common questions of laws and facts. 3. Briefly stated, the facts giving rise to Civil Petition for Leave to Appeal No.429 of 2010 are as follows: ......ortgage. Therefore, the Adalat should have made an investigation into the matter to see whether the contention made by respondent No.6 was correct to rectify its own mistake, if any. In such state of affairs the second application filed under Order XXI Rules 100 and 101 could be treated as an applic..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
....tened the plaintiffs with dispossession and thus the plaintiffs have been compelled to file the suit. 5. The defendant Nos.1, 2, 3 and 11 eon-tested the suit by filing separate sets of written statements. The case of these contesting defendants was that the suit land originally belonged to ...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
.... Act." "III. Because the High Court Division committed error in law in not considering that from the evidence of the P.W.1 along with P.W.4 and exhibit-4 the certificate together with material statements of O.P.W.1 in cross-examination it is proved beyond doubt that service in the preemption ......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....he view that the Commission is competent to prefer appeal against an order of acquittal passed by the Special Judge and accordingly, allowed the petitions for addition as respondent for assisting the state's law officer. The object for the constitution of the Commission by the Act v of 2004 has ......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
.... conditions/bars which could have to be fulfilled before appointment serving in the rank of Sub-Inspector, would be considered for promotion to the rank of Inspector. 3. The writ petitioners stated in their writ petition that they have been serving for long as Sub-Inspector of Police but we......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....p; Result: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecution case and the statements made therein can be looked into with a view to find the prosecution story as a whole......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....te was fixed on 12.08.2008 for examination of witnesses. And again on 12.08.2008 on the prayer of the accused-petitioner, the next date was fixed on 16.09.2008 for examination of witnesses. It may be stated that on both dates (08.07.2008 and 12.08.2008) the complainant was absent and no step in the ...... Branch, Chittagong which were dishonoured for the reason 'insufficient fund' on 4-10-2007. All accused being the company and its Managing Director and Directors were involved and responsible for the affairs of the company at the time when the cheques were dishonoured. All accused had specific knowl..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....ts the learned advocate prayed for acquittal of the convict upon setting-aside the impugned Judgment and order of conviction. 10. Mr. AKM Zahirul Huq, the learned Deputy Attorney-General for the state, on the other hand submits that, attention of the convict-appellant was clearly drawn as would......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....or a decree that the plaintiffs are the sole owner of the suit schedule properties and the suit land is not government khas land. 7. The defendant Nos. 1-4 entered appearance by filing a written statement denying the material allegations and claims brought in the plaint and contended, inter ali......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
.... 6. Mr. Md. Shamsur Rahman, learned Advocate appearing for the petitioner submits that there is neither a report filed by a police officer not below the rank of a Sub-Inspector nor the complainant stated in her petition of complaint that she failed to lodge a first information report in spite of ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....y Laundering Protirodh Ain, 2009, hence the case. 3. Thereafter the Anti-Corruption Commission, Dhaka investigated the case; during investigation the investigation officer recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure, collected the materi......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
....m were left out in pursuance of the judgment of the High Court Division despite the fact that the High Court Division did not direct the Government to absorb them. This Division also noticed the statements' Trade in the affidavit-in-opposition by the Government wherein it did not assert tha...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
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Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
.... entire suit land shown in the schedule 'Kha' to the plaint to defendant Nos. 24 who claimed title therein. Hence, the suit. 4. The defendants contested the suit by filing a written statement stating that defendant No. 1 acquired the suit land by registered deed of gift dated 13-7-......Rule, Therefore, the application for restoration of the Rule was misconceived and the plaintiff-respondent shall have to face the consequence of his own mistake. 16. Such being the State of affairs it is not at all necessary to enter into the merit of the case. 17. The judgment and or..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....issue licence in respect of the suit land in favour of the defendant No.2 and thus the plaintiff was compelled to file the suit. 4. The defendant Nos.1 and 2 contested the suit by filing written statement. The material case of these defendants was that the suit land belonged to the defendant No......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
..... Next, the defendant No.2 on 02.09.2009 filed an application under Order 7 Rule 11 praying for rejection of the plaint. In the meantime, the defendant No. 10 entered appearance upon filing a written statement denying the material allegations made in the plaint. Thereafter, on 03.06.2010, the defend......reliefs could only be granted by the High Court Division under Rule 9 of the Companies Rules, 2000, which alone had exclusive jurisdiction in the matter Under Section 3 of the Companies Act.
The affairs of the Company should be regulated in accordance with the law that has been provided by the ..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... suit. The trial Court held that D.W.4 Zakir Hossain admitted in course of cross-examination that Rokeya Begum executed power of attorney in respect of the land of Tangail; that the defendant did not state in the plaint that the power of attorney executed by Rokeya Begum was destroyed by fire; that ...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
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