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Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....t Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995. Findings and decision: 10. In the face of the arguments advanced by the learned Advocates of the contending parties it is now necessary for us to scrutinise the material evidence on record to come to a proper...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....e. Criminal Miscellaneous Case No. 2259 of 2004. Judgment Md. Awlad Ali J.- Upon an application under section 561A of the Code of Criminal Procedure Rule was issued calling upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pend......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....6 of 2002. Judgment SK Sinha J.- These two Rules arise out of the same proceedings and therefore, these Rules are disposed of by this judgment. These Rules were issued calling upon the opposite parties to show cause why the detenus Liakat Sikder and Md. Rafiqul Islam Kotwal should not be broug......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....arun under sections 7/9(1) of the said Ain to which accused pleaded not guilty and claimed to be tried. Accordingly, trial commenced. A hail petition was moved on 14‑10‑2002 and after hearing the parties and considering materials on record learned Judge of the Nari‑o‑Shishu Tribunal Adalat r......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
.... Noor Alam, thereafter, had chosen to be an approver and stood in witness box as PW6. He generated detailed disclosure of offence committed by condemned prisoners and convict appellant and accredited parts performed by condemned prisoners and convict‑appellants in murdering Fatik and in removing t......Penal Code and convicted them thereunder. Following conviction they were sentenced to suffer rigorous imprisonment for seven years. They were, also, to pay a fine of Taka 3,000 each and in default of payment of fine they were to undergo rigorous imprisonment for one year more. (d) Accused Khodeja......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....Miscellaneous Case No. 1503 of 2000. Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561 A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of CR No. 5149 of 1999 under sections 406/420 of the ...... inter alia, that he is the proprietor of AZ Abdullah & Sons and dealing in cloth business in Islampur for the last 20/25 years. He used to sell cloth of different types to shop‑keepers on cash payment and also on credit. He became acquainted with the accused‑petitioner Md Nizam Khan, e prop......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....nt. Farida Khan with Masuda Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crime against a woman/girl in general and rape in particular is on spurt. Rape sometimes followed by death has become a regular episode. This is a dis......ence of section 4(c) of the Ordinance of 1983. On sentence Special Tribunal took a lenient view and imposed a sentence of seven (7) years Rigorous Imprisonment and a fine of Taka 1,000. In default of payment of fine he was to undergo Rigorous Imprisonment for a period of one (1) month more. Special ......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
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. ......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......e, forged, mala fide and not binding upon the plaintiff.
3. Plaint case, in short, is that he got allotment of the suit plot measuring about 412.33 square yards by a letter dated 14‑5‑1980. On payment of the requisite fees of Taka 68,581 a deed of lease was executed and registered on 4‑4‑......(Land). He paid rents and taxes. He also obtained permission from defendant No.3 to mortgage the framed land in order to collect fund. He applied to the Janata Bank for land and the Bank sanctioned a loan of Taka 11,00,000. But the amount of loan was not sufficient. So, he did not withdraw any money..
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......, submits that on 21‑5‑1991 the plaintiffs instituted the suit. They claimed title mainly on the basis of a registered 'Kabulyat' dated 21‑6‑1947 executed and registered by defendant No.1 and payment of rents on rent receipts given by said defendant. At the time of presentation of plaint, th......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......nt under the Act. Therefore, the property is acquired when the gazette notification is published under section 5(7) of the Act, and the law in force on that day regarding the principles and manner of payment of compensation shall be governing law." 37. With regard to the mode and manner of calcul......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......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..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‑......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..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....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..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 ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....lla in Title Suit No. 6 of 1994 accepting the power of attorney allegedly executed by plaintiff Gurupada Chakraborty whereby Md. Arab Ali was appointed as his constituted attorney. 2. The opposite party No.1 as plaintiff instituted Title Suit No. 6 of 1994 in the Court of the Assistant Judge, Cha......n Bangladesh on the date of execution of the document. The defect of absence of Bangladesh stamps on the disputed power of attorney and the breach of the time limit for being stamped will be cured on payment of the prescribed stamp duty and penalty to make it admissible in evidence. I get instant su...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....jective basis for the fair value of the goods in the international market. He further submits that the invoice value of the goods was duly endorsed by an official seal and signature of the Consular Department of Ministry of Foreign Affairs of the People's Republic of China, which was duly attested b......1998 and 10‑12‑1998 respectively. After arrival of the goods, a clearing agent on behalf of the petitioner submitted bills of entry along with other shipping documents for release of the goods on payment of customs duty, etc on the basis of invoice value of the goods. But the respondent No.2 ask......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
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.......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
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting jute goods, as plaintiff on 13‑5‑2001 instituted the sui......of the contract is no more applicable. The suit is rather based on claims outside the contract. 7. In reply, Mr. Khalilur Rahman Submits that the suit for compensation and further damages for on‑payment of such compensation on alleged claim of the breach of the contract must be held to be arisi......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)
....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......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. ......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
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