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Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....ase record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......idered that the appellant permanently resides in Dhaka, who on the day fixed for hearing of the appeal due to heavy traffic jam could not reach in the Court premises at district Gazipur from Dhaka in time for taking step of her case and thus fell into an error of law resulting in an error in th...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......i Mahbub-uddin Ahmed..........Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference, that he committed the c......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with a crime, stating, or suggesting the inference, that he committed the ...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......, had gone to Canada for taking higher training in 1960 and after completing training, he came back to this Country and again joined C & B and was promoted as the Executive Engineer. At that time, the then Dacca Improvement Trust (DIT) now RAJUK published notice for allotment of plots ......the month of December, 1972, till filing the suit on 26-5-2004, i. e. for the last 32 years, the plaintiff did not go to the suit plot and that he did not also take any step through legal process for recovery of the same and that had he been allotted the suit plot as lessee by RAJUK, he ought to hav......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....egotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days from the date of cause of action, the case was filed on 7-10-2009. The question of prematurity does not arise.......o.118 of 2010 rejecting prayer for discharge of the accused-petitioner, should not be set-aside or and/or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the aforesaid Sessions Case No.118 of 2010 ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Ali Haider Chowdhury .................Petitioner Vs. State and another…………………...Opposite Party Judgme......ge, by an order dated 17-2-2008, framed charge against the accused-petitioner and others under the aforesaid provisions of law. It may be mentioned that the accused-petitioner was an absconder at the time of framing charge against him. Under the circumstances, the petitioner was wanted in the trial ...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....is Case is also Reported in: ...... the offenders ought to have been registered under some rigorous provision of the Penal Code or under Nari-O-Shishu Nirjatan Daman Ain, does not deserve consideration by this Court at this point in time, in light of the fact that a competent Court of the land is already in seisin of the case. How......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ioner Vs. Bangladesh and others..........................Respondents Judgment November 7, 2012 Result: The Rule is made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount ca......ule is made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be given. In the instant case, the ends of justice would be best serv......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
..... This Case is also Reported in: 21 BLT (HCD) (2013) 42 ...... therein." Secondly: The absconsion of the accused soon-after the occurrence cannot be an inference of guilt inasmuch as for the fear of life and prestige, a person may be absconded for sometime. In support of their contentions they refer the case of State Vs. BalaiChnadraSarker 47 DLR-467......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....nbsp; ......nce to them but having found no response the plaintiff samity held meeting, procession, press conference, sit on protest etc. Lastly on 7-12-1996 filed memorandum before defendants, at that time the defendant No.1 made assurance to the members of the plaintiff samity that until licences ar......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
.... no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......itted that the goods cannot be withheld from delivery on the plea of extra-territorial claim against third parties. 7. Mr. Ariff also argues that Section 3 of the Territorial Water and Maritime Zone Act, 1974 enables the Government of Bangladesh to declare limit/extent of territorial wate......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....vision (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Dr. Khandaker Mosharraf Hossain..........Petitioner Vs. State and another…………………………&hell......ance of the Rule may be, briefly, stated as follows: The petitioner is a Member of the Standing Committee of Bangladesh Nationalist Party (BNP) since 1994. He was elected Member of Parliament several times from Comilla-2 constituency in the National Parliament Elections since 1991. The petitioner wa...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....s judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ers, upto 1410 B.S. She then made a new holding by Registering with the Dhaka City Corporation and obtained all utility connections, such as, gas, electricity and water line in her name. In course of time she demolished her existing old building in order to construct a multistoried building for comm......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....ne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......section 95 of the Act, that reads as follows: "95 Notice of meetings:-Notice of every meeting of the Board of Directors of a company shall be given in writing to every director for the time being in Bangladesh and at his address in Bangladesh." Besides, in the instant case the pe......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....2. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice, and the...... yet they filed miscellaneous case under Order IX, rule 13 of the Code of Civil Procedure for restoration of the original Title Suit No.17 of 1985 by setting-aside the Ex-parte decree and at the same time they filed a petition under Order I, rule 10 for adding them as defendants in the original suit......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......;s work. 11. In the facts and circumstances noted above, we accept the view taken by the High Court Division that the contractor having duly completed his sub-project No.26 within the stipulated time and to full satisfaction is entitled to the full amount against the said project. We do no......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....inding force of a court A decree of a competent civil court is binding upon all the authorities of the People’s Republic of Bangladesh and therefore the respondents are legally bound to mutate the names of the petitioners in the suit land but they are not performing their legal duties, so......suit was decreed on 12-10-2002. Although appeal against the said judgment and decree was preferred by the government before the High Court Division, but it was dismissed on the ground of being out of time by 1388 days. Again, the government's CPLA before the Appellate Division was dismissed for ......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....shy;der keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......ficers of the Bureau may, subject to any orders which the Government may make in this behalf, exercise any of the powers of an Officer-in-Charge of a police station in the area in which he is for the time being and when so exercising such powers shall subject to any such orders as aforesaid, be deem...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....al Miscellaneous Jurisdiction) Present: Khondker Musa Khalid J Md. Nazrul Islam Talukder J Engineer Afsaruddin Ahmed and others...................Petitioner Vs. State and another..............................................Opposite-Parties Judgment Oct......-3-2011 field by the accused-petitioner, submits that the complainant earlier served a legal notice upon the accused on 7-12-2006; but no proceeding was started against the accused from that point of time; rather he issued 2nd notice on 28-1-2007 and filed the impugned case against the accused suppr......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21