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Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
.... village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......arwar Hossain Mollah, Abdur Rashid and Altaf Hossain alias Altaf Miah on 30‑6‑2003, respectively out of the above 12 (twelve) witnesses who were examined earlier by the said police officer at the time of further investigation for the second time, and though previously none of these witnesses in ......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: SM Dastagir Hossain J AKM Fazlur Rahman J Zahidul Hasan (Md) and others .............Petitioners Vs. State .............................................. Opposite Party Judgment June 23, 2004. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ioner thereafter moved this application before this Court and obtained the present Rule. 3. Sheikh Atiar Rahman, the learned Advocate appearing on behalf of the petitioner submits that the alleged recovery of Bangladeshi Taka from the accused persons were well within the territory of Bangladesh a......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..Category: Criminal Law | Date: | Hits: 70
.... any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......ght against the respondent No. 2 for misconduct committed in the factory and that allegation was brought against him that was recorded in writing and communicated to him and also he was given 3 days' time to explain and that he had been given personal hearing, as it appears from the record in the co......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
..
Category: Labour and Industrial Law | Date: | Hits: 188
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
.... lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......ation and another letter dated 19-5‑1997 of the respondents asked the, petitioner to effect the amendment in the Articles of Association by 5‑6‑1997 and to intimate its compliance. In the meantime, the Company has passed special resolutions amending Articles of Association inserting Article ......3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...Category: Business or Commercial Law | Date: | Hits: 271
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
.... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Hassan Ameen J ATM Fazle Kabir J Tareq Shamsul Khan alias Himu & others ……………Petitioners Vs. State……………………………Opposite Party Judgment March 30, 2004. Result: The......ions 326/307/302/34 of the Penal Code over self‑same occurrence. He further submits that on self‑same occurrence another first information report was lodged on the self‑same date mentioning the time of occurrence same as of two others against some unknown persons which was registered as Motijh...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622....... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...Category: Criminal Law | Date: | Hits: 71
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....y. Ed. This Case is also Reported in: 56 DLR (2004) 612.......ivision. 3. Then, on 30‑8‑95 the decree‑holder levied the decree in execution in aforesaid money execution in the Second Court of Subordinate Judge at Dhaka. But the Deputy Commissioner took time for deposit of the decreed money and repeatedly failed. Then the decree holder was constrained ...... the state functionaries. The owner accepted a paltry award of the Arbitrator for Taka 3,18,216.43 as back as 19‑6-91 forgetting his claim for Taka 29,43,695. The owner had to start execution for recovery of the amount. Under the law of acquisition, no owner is expected to go through such arduou......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...Category: Procedural Law | Date: | Hits: 54
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....s Case is also Reported in: 62 DLR (HCD) (2010) 298. ......icting and sentencing him as mentioned above. 8. Being aggrieved by the said Judgment and order the convict has filed this petition under 561A and obtained the instant rule as because the statuary time limited for preferring an appeal has expired. 9. Learned Advocate Ms. Nusrat Jahan represent......s recovered from the bamboo clump which is an open and public place and that the fact of alleged seizure of the arms has not been proved by any cogent or consistent evidence and, as such, the fact of recovery is doubtful. 6. After close of the prosecution case the learned trial Court has examined......the law. 5. That the prosecution adduced 14 witnesses to prove its case, while the defence examined none. However from the cross examination of the defence, the defence case appears to be that the arms in question was not recovered from the exclusive possession or control of the accused-petitione..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....is Case is also Reported in: 62 DLR (HCD) (2010) 284. ......re of no legal effect and to declare such action as unconstitutional and being violative of the petitioners' fundamental rights guaranteed under Articles 27 and 31 of the Constitution." 4. At the time of issuance of the Rule this Division directed the respondents to treat the petitioners "Consul......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
....pecial Original Jurisdiction)
Present:
Nazmun Ara Sultana J
Md. Ruhul Quddus J
Abdul Motaleb Howlader alias Chan Miah………….................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents
Judgment
January 25, 2011.
Resul......t No.3 has appeared and filed an affidavit-in-opposition on the facts stated therein. In the said affidavit the respondent-bank has contended that the second execution case in question is well within time and as such maintainable in law.
4. Mr. M. A. Muntakim, the learned Advocate appearing for t...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 107
....l Original Jurisdiction)
Present:
Nazmun Ara Sultana J
Md. Ruhul Quddus J
Arun Kumar Sutradhar and another…………........Petitioners
Vs.
The Joint District Judge, Artha Rin Adalat Comilla and another .................................................................Respondents
...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
....... The petitioners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.182 of 1992 in the Artha Rin Adalat, Comilla against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eight t...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 80
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.....Petitioner Vs. Bangladesh and others ………………….....Opposite Parties Judgment March 6, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Tamizuddin, Advocate -For the petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General-For opposite party No......rder dated 15.10.2003 on the reasons that the suit land is a beel in nature and that the plaintiff did not produce any documents to show that defendant No.5 was owner of the suit land at any point of time. As per provision of section 20 (2) (Kha) of the State Acquision and Tenancy Act, the land vest...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
.... Rashid and others …............Opposite Parties Judgment November 21, 2011. Result: The Rule is discharged. Lawyers Involved: Abul Kalam Mainuddin with Munshi Abdul Hamid, Advocates-For the petitioners. M. Shamsul Haque, Advocate-For opposite party No.1. Civil Revision ......ing to Taka 13,500/-(thirteen thousand five hundred) only on 26.4.1977. He, however, assured the plaintiff to execute another sale deed in respect of remaining five decimals of land within very short time after evicting his tenant therefrom. In spite of repeated demand by serving several legal notic......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......pires from the trend of cross-examination that the appellant was innocent; he was released in a departmental proceeding on the self same allegation; he was not in charge of the godown at any point of time and was not individually or jointly liable for the deficiency of stock. The learned Judge, afte...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
.... Involved: No one –For the petitioner. Abdullah Al Mamun, Deputy Attorney General-For opposite party No.2. Criminal Revision No. 879 of 1993. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the first party-petitioner in a proceeding under section 145 of the Code of Crimi......rt in exercise of its inherent power under section 561A of the Code. 8. We have gone through the revisional application, and the judgments of the Courts below. The record was not called for at the time of issuance of the Rule, therefore we are not in a position to examine the evidence on record t......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
....stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......e in page No.1 of the file N/s5(Q) was served upon the possessor, petitioner Muklesuddin for surrendering possession”. The Tribunal disbelieved Ramjan Ali’s presence in Bangladesh at the relevant time as no citizenship certificate, non-option certificate, voter list or any other document in supp....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... to the Civil Supply Depot of the defendant some gunny bags, and for proper performance of the contract, furnished two Bank Guarantees. The delivery was to be completed by 15 January, 1971, but the time was extended up 30 November, 1971. The plaintiff supplied a small part of the goods under contr...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
.... High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......enancies shows in clear terms that the defendant took settlement of the tenure and not of raiyati right, and an such he cannot acquire occupancy right in the tenure by cultivating the land for a long time nor he can acquire any occupancy right by virtue of his being a settled raiyat in that village.......eing a protected interest, it could not be annulled at the instance of the auction purchaser of the touzi in revenue sale. 2. The plaintiff brought the suit for declaration of his title to and recovery of khas possession in the suit land by evicting the defendants on the basis of his purchase......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......trial, preferred Jail Appeal No.842 of 2003 as well as Criminal Appeal No.2798 of 2003. 2. The two absconding accused were represented by a State Defence lawyer during the trial as well as at the time of hearing of the appeal by the High Court Division. The Death Reference and the Criminal Appea......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
....sion.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
...... was granted license on 28.10.1980 in respect of .91 acre of land for the period 14.04.1980 to 13.04.1981. Upon paying the dues he got possession of the land. Thereafter, the license was renewed from time to time. But subsequently, the Railway authority took back 31 decimals of land and leased the s......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 69
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....ses, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......ina Akhter (P.W.1) on 28th March, 1992 at about 1 am. It is alleged that the dacoits fastened the informant, assaulted her husband with sharp cutting weapon and looted away cash and valuables. At the time of the retreat of the dacoits the villagers apprehended one dacoit namely Anu Mia and on the ba......sentence, (b) whether the confession on subsequent remand could be treated as voluntary and true and the conviction of the appellant be maintained on such confession and (c) whether in the absence of recovery of incriminating material, and without implicating the appellant by other confessing accuse......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
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