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MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131.......ent's statutory duty in a writ of mandamus as this. In that regard there is no doubt in the mind of this Court that this appli­cation constitutes one under Article 102(a)(i) for an order directing a person performing any function in connection with the Republic to do that which he is required by la..

Category: Information Technology Law | Date: | Hits: 171

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......ans a piece of land in joint possession and enjoyment without partition which may form the tenancy or a portion of tenancy. This interpretation will not throw the land open to the unlimited number of persons but to persons who are co-sharer tenants under the same landlord in respect of undivided lan..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......­ments with interest. Further case of the defendant was, that plaintiff expended Taka 80,00,000 for foundation and piling for the purpose of highrise eighteen-storied building, which was absolutely a personal business of the plaintiff. There is no nexus between the defendant and such expenditure. Su..

Category: Property Law | Date: | Hits: 31

Faruq (Md) Vs. State, 2006, 35 CLC (HCD)

....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......, on the other hand, opposes the various contentions of the learned Advocate for the appellant and submits that the allegation of recovery of arms and ammunition with the direct involvement of police personnel cannot be viewed with suspicion, inasmuch as the testimony of police witnesses cannot be b..

Category: Criminal Law | Date: | Hits: 27

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... since then defendant No. 1 has been possessing the same. 6. It is further stated that the defendant No. 1 has transferred an area of 2.68 acres of land out of the suit jote in favour of different persons and has been possessing the remaining lands; that the plaintiff has no right, title and inte..

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......framed charge against the accused under section 6(2) of the Ain. 4. In the course of trial 11 prosecution witnesses were produced and examined in order to substantiate the case against the accused person, whereas the defence did not examine any witness. From the trend of the cross-examination of ..

Category: Criminal Law | Date: | Hits: 167

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......mpensation cannot be got for the non performance of the act agreed to be done. In the Contract Act the following words and expressions are used for the purpose of a valid contract: (a) When one person signifies to another his willingness to do or to abstain from doing anything, with a view to ..

Category: Business or Commercial Law | Date: | Hits: 208

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......n appointed by the Government and two members to advise the Chairman, one to represent the employers and the other to represent the workmen appointed in the manner hereinafter provided. (3) A person shall not be qualified for appointment as Chairman unless he has been or is, or is qualified ..

Category: Labour and Industrial Law | Date: | Hits: 108

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

.... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ......t is necessary to understand the bill of exchange which is defined in section 5 of the Act, 1881 as an instrument in writing containing an unconditional order signed by the maker, directing a certain person to pay a certain sum of money, on demand, or to the order of a certain person or to the beare..

Category: Civil Law | Date: | Hits: 90

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......der of accused Raushan Ali, accused Nantu inflicted dagger blow upon the head of his deceased father, accused Farid inflicted lathi blow upon him (deceased) and Fazar Ali dealt iron rod blow upon the person of deceased. He came forward then accused Ali Mia dealt two blows upon his head and accused S..

Category: Criminal Law | Date: | Hits: 44

Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)

....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......mitted rape upon her. Five accused namely, Sohag, Shahin, Zafor, Zakir and Abul took Khadija inside the eastern side garden and consecutively committed rape upon them despite of their protest. When a person happened at the scene then accused departed from there. She got down into nearby pond. When s..

Category: Criminal Law | Date: | Hits: 33

Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)

....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......y's face burnt with acid, whereupon he asked his daughter and wife about the acid burn injury, then both of them told him that at about 8-20 PM they were talking inside their kitchen when 3/4 unknown persons entered into their kitchen from the south side and threw acid on the face of victim Beauty w..

Category: Criminal Law | Date: | Hits: 45

Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)

.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......formation report aforesaid recorded the same and registered the PS Case No.26 dated 20-1-1995, started investigation and having found a prima facie case submitted the charge-sheet against the accused person under sections 4(Kha) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. ..

Category: Criminal Law | Date: | Hits: 40

Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)

....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......f the first information report the instant case was registered and DAB, Sylhet took up the charge for investigation and after holding investigation, the charge-sheet was submitted against the accused person under section 409 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 194..

Category: Criminal Law | Date: | Hits: 31

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......h filling; then the accused told that earth filling was going on and on enquiry the complainant did not see any sign of earth filling. Thereafter, the complainant went near the project and asked some persons about the project who stated that there was no existence of such project there. It is furthe..

Category: Criminal Law | Date: | Hits: 41

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......ors would have to be scrutinised as to whether they were the honest opinion of the directors acting for the company as a whole. In Re Bede Steam Shipping Co. Ltd. Lord Cozens-Hardly MR said that: the personal objections to a transferee were where the transferee would be quarrelsome person or he woul..

Category: Company Law | Date: | Hits: 181

Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)

.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......inary Civil Court. After quoting the rule 47 and 48 his Lordship has observed- "These provisions imply that if any appeal is provided against the decision of an Election Tribunal, it must lie to a person of authority higher than such Tribunal and at the same time exercising the powers and functio..

Category: Election Law | Date: | Hits: 100

Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

....part subject to the modification with re­gard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......kter entered into Karim's courtyard, surrounded him and started assault­ing him. Accused Momin Malitha gave Abdul Ka­rim fala blows on his head as well as on his chest. Badaruddin and other accused persons gave him lathi blows and as a result Karim fell down in his court­yard. P.W. 4, Kauser, P.W..

Category: Criminal Law | Date: | Hits: 52

Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)

....et aside. We di­rect that the detenu Gafur Mohammad Ibrahim be re­leased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......months without approval of his detention by the Advisory Board. Article 33(4) of the Constitution reads as follows: "No law providing for preventive detention shall authorize the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of wh..

Category: Criminal Law | Date: | Hits: 29

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......either party, and on such terms as may appear to the court to be just, order that the name of any party improp­erly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined whether as plaintiff or de­fendant, or whose presence before, ..

Category: Property Law | Date: | Hits: 39