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Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)

....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)

....Corporation was now to pay US $ 278,276.67 to the plaintiff. The suit was filed for recovery of said outstanding amount only. In reply to objections, the corporation denied any sort of settlement and stated that it already referred a dispute to the Tribunal of the MCCI for damages of Taka 103,900,00......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)

....e and asked to enter upon his defence. The accused Abdur Razzak was not examined under section 342 as he absconded himself. The accused Shamsul Alam however, refused to examine any witness but made a statement denying his involvement in committing the alleged offence. 7. The defence case, as it t......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....rd. The informant in the first information report after narrating the previous incidents of 8‑7‑1998 and 9­-7‑1998 mentioned the incident of the day of occurrence i.e. 10‑7‑1998 wherein he stated categorically, that accused Sabur and accused Shahid having ram daos in their hands, came tow......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..

Category: Criminal Law | Date: | Hits: 82

Mohammad Syed Vs. State, 2004, 33 CLC (HCD)

....on is, whether the impugned order passed by the learned Additional Metropolitan Sessions Judge is liable to be quashed or not. In the impugned order the learned Additional Metropolitan Sessions Judge stated that as both the accused petitioner and the opposite party No.2 informant claimed ownership o......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..

Category: Criminal Law | Date: | Hits: 45

Rezia Khatun Vs. State, 2004, 33 CLC (HCD)

....posite parry No.1. No further appeal against such acquittal lies under the legal provision. Section 417(2) of the Code of Criminal Procedure does not contemplate any scope of preferring 2nd appeal as stated in para‑18 of this application, which is rather a misconception of law. The said provision ......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...

Category: Criminal Law | Date: | Hits: 39

GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)

....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..

Category: Banking Law | Date: | Hits: 237

Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)

....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..

Category: Criminal Law | Date: | Hits: 56

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....(PW9) are witnesses of circumstantial evidence. 7. PW1 proves the first information report Exhibit I and his signature Exhibit 1/1. His evidence has been narrated above. In cross-­examination, he stated that he could not say who wrote the first information report that the police called him to th......een observed: "There is no antithesis between section 133 and Illustration (b) to section 114 of the Evidence Act because the Illustration only says that the Court 'may' presume a certain state of affairs. It does not seek to raise a conclusive and irrefutable presumption. Reading the two togethe..

Category: Criminal Law | Date: | Hits: 110

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

....ubt. Plain meaning of the term "Doubt" is uncertainty of mind, the absence of a settled opinion for conviction and the attitude of mind towards the acceptance of or belief in a proposition, theory or statement. The term "Reasonable Doubt" is a term often used and probably quite understood but not ea......fendant, and so satisfies them as to leave no other reasonable conclusion possible. A "reasonable doubt is such a doubt as would cause a reasonable and prudent man in the graver and more important affairs of life to pause and hesitate to act upon the truth of the matter changed. But a reasonable ..

Category: Criminal Law | Date: | Hits: 54

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....tody but to release him from custody of law and to entrust him to the custody of law and to his sureties who are bound to produce him when required by the Court. 19. Meaning and definition of Bail stated in the foregoing paragraphs indicate that there is not much of difference between 'Bail' and ......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...

Category: Criminal Law | Date: | Hits: 79

Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

....ty of the order that may be passed in relation to him only. Therefore, the learned Sessions Judge erred in law in presuming that the revisional application was not maintainable. 8. For the reasons stated above, we are of the opinion that the learned Magistrate illegally drew up proceeding without......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...

Category: Criminal Law | Date: | Hits: 57

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

....espondent No. 2 in order to investigate into a complaint lodged by Bureau of Anti-Corruption. The petitioner requested the respondent No. 1, namely, the Deputy Director, Bureau of Anti-Corruption, to state the reasons and purpose of seizure of the documents. The respondent No. 1 failed to give satis......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145...

Category: Criminal Law | Date: | Hits: 41

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....aid shop but that was lastly refused by the appellant on 11-2-88 and, as a result, she was constrained to file the present suit. 3. The appellant Islamic Foundation contested the by filing written statement. During pendency of the suit plaintiff Khairunnessa died some time in 1994 and subsequentl...... Khairunnessa. In 1975 Baitul Mokarram Committee was dissolved and Islamic Foundation i.e. the present appellant, was constituted and since then the said Islamic Foundation has been looking after the affairs of the Baitul Mokarram. After the death of Ayesha Begum, plaintiff Khairunnessa as the sole ..

Category: Property Law | Date: | Hits: 116

Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)

....strict Judge on detailed consideration of the evidence on record set aside the finding of the trial Court on the question of limitation on assigning cogent reasons. 8. PW 1 in his evidence clearly stated that the pre-emptees are co-sharers to the case jote while the pre-emptees are strangers ther......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..

Category: Property Law | Date: | Hits: 56

Mukit and others Vs. State, 2011, 40 CLC (AD)

....of the Penal Code. Similarly the High Court Division committed the same error in maintaining the judgment so far as it relates to the charge under sections 302/149 of the Penal Code. At an event, the state did not take any exception against the judgment and order of acquittal passed by the learned A......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..

Category: Criminal Law | Date: | Hits: 49

State Vs. Mukta Khan and another, 2011, 40 CLC (AD)

....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ..

Category: Criminal Law | Date: | Hits: 55

Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)

....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ..

Category: Property Law | Date: | Hits: 60

Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)

....fore me the evidence of the witnesses examined by the prosecution. To assure of a correct decision in the case it is necessary to scrutinise the relevant evidence on record. 7. PW 1 Mst Asia Begum stated in her evidence that she was previously married to Arab Ali and out of the said wedlock they ......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...

Category: Criminal Law | Date: | Hits: 67

Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)

....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...

Category: Criminal Law | Date: | Hits: 68