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Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
.... No. 9549 of 2001. Judgment Khondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the proceedings of CR Case No. 4232 of 2001 pending in the Court of ......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..Category: Criminal Law | Date: | Hits: 49
....952 Cal 320.
15. Defendant Nos. 1 to 5 did not appear in the appeal. Defendant No.7 alone appeared. Mr. JH Afric, learned Advocate for said defendant No.7 respondent, took us through the record, particularly the deed of lease and submitted that as the plaintiff failed to make any industry on th...... industry. Loan was sanctioned. He also prayed for enhancement of the loan. On 20‑5-1993 Arifur Rahman showed causes to the notice at the time he was in Ajmeer Sharif. On 10‑7‑1999 there was an investigation as to whether there was an industry or not. Investigation was held in his presence. On..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e and Artha Rin Adalat (In-charge) at Sylhet in Title Suit No. 46 of 1998, which rejected a prayer for an expert opinion. 2. Short facts for disposal of the Rule are that on 25‑9‑1991 opposite party Nos.1 to 4 as plaintiffs instituted Title Suit No. 62 of 1991 against defendant No.1 and other......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....bits 1 to 57. Respondent Nos. 1 and 2 examined one witness each and their documents were marked as exhibits 'Ka' and 'Kha'. 11. By the impugned order, learned arbitrator allowed the application in part and granted compensation in total of Taka 5,19,27,168.25. 12. Mr. Md. Rafiqul Islam, learned......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
.... and their examination was found to be necessary to secure the ends of justice. (v) Under the section the Court is empowered to issue summons and examine a witness even without any prayer from any party and hearing of any party is neither necessary nor mandatory. 7. It may be mentioned that th......he first information report was lodged. Thereafter, he succumbed to his injuries. However, prior to his death, the victim made a dying declaration at Dhaka Medical College Hospital. The police after investigation submitted charge sheet under sections 302/34 of the Penal Code against the accused pet..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....86 of 2003. Judgment Sheikh Rezowan J.- On an application by the informant‑petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling upon the accused-opposite parties and the opposite party State to show cause as to why the judgment and order dated 11‑11‑...... Class, Pirojpur forwarded it to the local police station at Mathbaria to register the complaint petition as a first information report in terms of section 156(3), Code of Criminal Procedure and held investigation accordingly. 4. On conclusion of investigation into the case police submitted charg..Category: Administrative Law | Date: | Hits: 223
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....ut lawful authority and is of no legal effect. 2. In the application it has been stated that the petitioner is General Secretary, District Committee of youth front of the main opposition political party of the country and a bona fide businessman and for his protection he was given a licence in 19......embodied in the maxim audit alteram partem. Whenever any person, or body of persons, the Supreme Court of Pakistan says in the Dhaka University Case, is empowered to take decision after ex post facto investigation into facts which would result in consequences affecting the person, property or other ..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....rcumstances proved in a criminal case. 24. This view finds support in the case of Abul Kashem and others Vs. State, 1990 BLD (AD) 210 where victim Mozahar died of some injuries caused on his vital parts by lathis and kicks and it was held that since the injuries caused by the accused persons did ......statements of witnesses and submitted the charge-sheet on 31‑12‑1998 against the condemned prisoner as the lone accused in this case under section 302 of the Penal Code. This witness during the investigation arrested the condemned prisoner and obtained his confessional statement recorded by PW..Category: Criminal Law | Date: | Hits: 54
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
.... Customs Act and found that Section 25 (A) of the said Act contains provision for guidelines to be made by Notification in the form of S.R.O. The High Court Division found no want of authority on the part of the respondents to assess duties on the basis of tariff value. With regard to W.P.No.6923 of......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122...Category: Fiscal/Taxation Law | Date: | Hits: 86
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....ttee dismissing the Head Master on charge of misappropriation, inefficiency and mismanagement of accounts, on the basis of an inquiry report and that the Head Master mala fide and dishonestly did not participate in the inquiry. 6. We have perused the leave application as well as the writ petition......o the President of the Managing Committee of the School to allow the suspended Head Master to resume his office observing that the allegations brought against the Head Master were not approved in the investigation and as such this suspension order was illegal and the allegation brought against him s..Category: Civil Law | Date: | Hits: 90
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....mber of witnesses are required to prove identification of the accused. Every instance of identification in circumstances which usually accompany a case of dacoity has to be judged on the facts of the particular case presented by the prosecution and if, after a careful scrutiny, there is slightest he......e articles by beating the inmates. On getting first information report Baskhali PS Case No. 7(12)93 was started against the accused appellants and others under sections 395/397. 5. The police held investigation into the case and after completion of investigation submitted charge‑sheet against S..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....e instance of informant Md. Abdur Rahman Kha, on an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the Deputy Commissioner, Jhalakathi and opposite party No.2 Samir to show cause as to why Order dated 20‑4‑2000 so far as it relates to discharge......nd that as a result of the injuries thus caused his father succumbed and the case was then started on 10‑7-1998 against all the four accused under sections 302/34 of the Penal Code. Police during investigation examined witnesses and finding a prima facie case submitted charge‑sheet on 6‑10..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....Miscellaneous Case No. 11011 of 2003. Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑7‑2003 passed by the learned Add......appropriation and thereby committed breach of trust by forgery under sections 406/420/467/468/471/109 of the Penal Code. Pursuant to such an FIR the case was investigated upon by the police who after investigation submitted charge-sheet against the accused-petitioner and others under section 406/420..Category: Criminal Law | Date: | Hits: 45
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....No. 8206 of 2001. Judgment Md. Ashfaqul Islam J.- This Rule was issued under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner calling upon the opposite parties to show cause as to why the proceeding of Petition Case No. 1741 of 2000 under section 138 o......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)
....med by any public servant for any act done by him in the capacity of a public servant unless it is established that the act has been done bona fide. But only after considering evidence adduced by the parties in a case, it can be decided whether the act done is bona fide or not. Hence we are of the v......ed to him by Assistant Tahsilder Abdus Samad and thus the accused committed offence punishable under sections 419/420/461/468/491/109 of the Penal Code read with section 5(2) of Act II of 1947. After investigation chargesheet was submitted against the accused petitioner and others, under the afore..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....assengers or from the front of Hotel Castle Salam the boy ran away or that his name is Akimul and that the boy wears a full shirt. 21. Md. Fazlul Karim (PW 29) a police officer, states that he has partly investigated the case, He proves the first information report form filled up by Inspector Abu....... 4. On the basis of an first information report lodged by PW1 Md Lokman Hossain, the police has started a case against the accused persons and submitted charge-sheet against them after concluding investigation. The case record has eventually been sent to the learned Sessions Judge for trial wher..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....by a revolver or a pistol. Post mortem report is Exhibit 21. 10. A bird's view of prosecution case divulged during trial may be taken heed of Enmity existed for a long period between Informant PW1 party and accused party. On 18‑3‑1994 squabble took place over a damage caused by accused person......ector of Police at the relevant time at Bakerganj Police Station. He held inquest on the dead body of deceased Ismail Kha and sent the dead body for Post Mortem. He, also, gave evidence in support of investigation carried out by Md Mohiuddin, the then officer‑ in‑charge of Bakerganj Police Stati..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....e of this Rule, in brief, is that petitioner was appointed Appraiser in the Customs House, Chittagong on 1‑9‑1990 under the Recruitment Rules of the Principal Appraisers and Appraisers (Customs Department) Recruitment Rules, 1984 and that in Office Memo No. 1(II) Admn. 11/83/1007 dated 26‑6‑......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....itioner contended that the plaintiff having not challenged the order of review in the higher forum, the High Court Division committed error of law in not deciding the right, title and interest of the parties in the suit land. Learned Counsel further contended that as the High Court Division did not ......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39...Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....given to such legislation. The tendency of modem legislation is to lay down general principles and avoid giving administrative details. The necessity for delegation of legislative power to a public department or executive body lies in the fact that the Parliament has simply no time for the discussio......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
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