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Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

.... The Rule is discharged. Case Referred to- Mozaffer Ahmed and others Vs. Moulvi Saleh and others, 40 DLR 239 = 1988 BCR 125. Lawyers Involved: Abdul Hamid with Firoza Afridi Parul Advocates — For the Petitioners. Nikhilesh Dutta with AB Roy Choudhury, Advocates — For the Opposi......l Procedure. It appears that the learned Assistant Judge, in the impugned order itself, found that the defendant opposite parties had some laches in pursuing the progress of the suit for quite a long time and on such consideration saddled them with a cost of Taka 2,000.00. It also appears that the l......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...

Category: Procedural Law | Date: | Hits: 58

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment May 20, 1993. Case Referred to- Bangladesh Vs. Israil and others, 1981 BLD (AD) 371 Lawyers Involved: AKM Faiz with Shah Mustak Ahmed, Advocates ‑ For the Petitioners. Moazzam Hossain, Deputy Attorney General ‑ For the Opposite Parti...... learned Magistrate after inquiry by taking evidence of both the parties and considering documents, if any, shall decide as to which of the parties was in possession of the property in dispute at the time or starting of the proceeding under section 145 Cr.P.C. But in the facts and circumstances of t......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....d circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......iled the aforesaid suit on the allegations, inter alia, that on 5.1.1955 defendant No.2 seized 12 items of goods from his godown at Kushtia Bazar as per detention memo Ext.1 on suspicion; that at the time of the seizure as well as before the Collector of Central Excise and Land Customs sufficient pr......bordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 are illegal and for recovery of possession of the same. 2. Plaintiff firm M/s Ram Ratan Das Bana­rashi Lal filed the......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...

Category: Fiscal/Taxation Law | Date: | Hits: 125

Mojibar Vs. State, 1998, 17 CLC (HCD)

....eported in: 51 DLR (HCD) (1999) 507. ...... was sleeping with other inmates of the house in the night following 10-11-94. At about 2-00 AM he and his wife P.W.5 Majeda Akhter Banu woke up on hearing sound of breaking the grill and at the same time 7/8 unknown dacoits being armed with dagger, torch light and iron rod entered into their room. ......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ..

Category: Criminal Law | Date: | Hits: 78

Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)

...........ourt of the Magistrate 1st Class, Barisal on 16-4-98 alleging that informant Khalil, Mitho and Bipul had assaulted them in the selfsame place of occurrence on 15-4-98 at about 10/10-30 PM and at that time they had left behind their motor cycle. The said petition of complaint has been registered as F......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506...

Category: Criminal Law | Date: | Hits: 84

Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)

....n: 51 DLR (HCD) (1999) 499.......tion produced 15 witnesses most of them are members of the police party who arrested the accused persons from the trawler. P.W.1 was sub- inspector of police attached to Batiaghata PS at the relevant time. He stated that he along with officer- in-charge Syed Nazrul Islam and other police officers an......vered from the possession of Hossain and another revolver from the pocket of a jeans pant of another dacoit. So, from the evidence we have found that at least three prosecution witnesses stated about recovery of two revolvers from the possession of accused Matbor and Shamim Sarder. It is true that i......e judgment and the evidence on record. He has argued that except the uncorroborated testimony of the informant and the Investigating Officer, there is no other evidence in this case to prove that any arms and ammunitions were recovered from the control and possession of the appellant Nos.1 and 2 and..

Category: Criminal Law | Date: | Hits: 59

Ismail Vs. State, 1999, 18 CLC (HCD)

....ported in: 51 DLR (HCD) (1999) 497.......rom the records of the Sessions Court, it appears that charge was framed on 20-2-91 in the absence of the accused. No State defence was appointed before framing of charge to defend the accused at the time of hearing under section 265D of Code of Criminal Procedure. It further appears that 12-3-91 wa......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497...

Category: Criminal Law | Date: | Hits: 74

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....eported in: 51 DLR (HCD) (1999) 493. ......missioner in pursuance of the writ issued by the learned Executing Court in violation of the provision of law is allowed to stand, driving the petitioners to have recourse to other arduous costly and time consuming exercises for getting back their lost possession in suit property from which they hav......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..

Category: Civil Law | Date: | Hits: 66

Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)

....(1999) 488.......€™s wife. The dacoits were armed with wooden rollers, dagger, iron-rod, etc. and that the informant raised alarm, when the neighbours rushed there who had seen and heard the occurrence and in the meantime the dacoits fled away therefrom with booty and at the time of retreating they opened fire. The ......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488...

Category: Criminal Law | Date: | Hits: 70

Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)

....m and others…………………………….Opposite Parties Judgment August 10, 1999. Result: The Rule is disposed of. Lawyers Involved: KS Alam with Md. Sharful Islam Khan, Advocates — For the Contemners. Not Represented — the Petitioner. Contempt Petition No.24 of 19......ar as clause No.6 of that order was concerned and order dated 20-12-98 of the said Bank should not be declared to have been made and issued without any lawful authority and of no legal effect. At the time of issuance of the Rule Nisi operation of the impugned order dated 20-12-98 was stayed till dis......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485...

Category: Criminal Law | Date: | Hits: 69

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

....ious Affairs and others………………..Respondents Judgment August 5, 1999. Result: The Rule is discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with MA Azim Khair Advocates — For the Petitioner. Abdul Quayum, Advocate- For the Respondent. Fakir Delwar Hossain,......stated as to how and under what authority he was appointed Mutawalli we directed the learned Advocate for the respondent Nos.2 and 3 to produce the relevant file and the same was duly produced at the time of hearing of the Rule. Petitioner also filed as affidavit-in-reply. We have perused the file o......, is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479......., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479...

Category: Trust/Waqf Law | Date: | Hits: 142

Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)

....eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Ali Asgar Khan J Md. Shamsul Huda J Nazrul Islam……………………………Petitioner Vs. State and others......................... Opposite Parties Judgment May 9, 2002. Result: ...... doing any prejudicial act it is necessary so to do, make an order‑ (a) directing that such person be detained; (b) directing him to remove himself from Bangladesh in such manner, before such time and by such route as may be specified in the order: Provided that no order of removal shall ......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ..

Category: Criminal Law | Date: | Hits: 69

Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)

....stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......on further directed the respondents to give effect to the decision of the Hon'ble Chief of Justice of Bangladesh according to the observation made earlier (regarding pay fixation, VIP allowances, overtime and pay scale) within the 3 (three) months from the date of receipt of the order; hence, this l......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...

Category: Employment/Service Law | Date: | Hits: 86

Bangladesh Chemical Industries Corporation (BCIC) and another Vs. Zia Fertilizer Company Limited Workers and Employees Union and others, 2011, 40 CLC (AD)

....tement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ......ic ton; that the balance sheet, therefore, does not reflect the true and cor­rect picture of the profit and/or of loss of the company and section 185(2) of the Companies Act is being violated at the time of preparation of the balance sheet; that if the BCIC prepares an untrue and unfair balance she......all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ......all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ..

Category: Company Law | Date: | Hits: 366

Chief Engineer, the Local Government and Engineering Department Vs. Md. Parvez Nawaz Khan and others, 2011, 40 CLC (AD)

.... of laws and facts do not call for interfer­ence. Accordingly, all the leave petitions are summarily dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 562.......they were taken to the revenue budget. The High Court Division noticed that all the petitioners have got required qualification and that they had been working in different projects of LGED for a long time with rep­utations and that with the passage of time they had acquired a vested right to be abs......e on proper appreciation of laws and facts do not call for interfer­ence. Accordingly, all the leave petitions are summarily dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 562.......e on proper appreciation of laws and facts do not call for interfer­ence. Accordingly, all the leave petitions are summarily dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 562...

Category: Employment/Service Law | Date: | Hits: 66

Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hossain J Zenith Packages Ltd.………………Petitioner Vs. Member, Labour Appellate Tribunal and others.……………….Respondent Judgment May 24, 1999. Result: T...... settled by an award of the Labour Court. 4. It appears that respondent No.2 entered into various settlements with the petitioner in respect of the service conditions and wages of the workers from time to time and last settlement was arrived that on 4-4-95. Petitioner terminated the said settleme......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284...

Category: Labour and Industrial Law | Date: | Hits: 168

Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)

.... 51 DLR (HCD) (1999) 282. ......n Bhaluka, District-Mymensingh and that while he was so posted he was said to have misappropriated gallons Diesel Oil and 11.4 gallons mobil oil valued Taka 48,405.00 and the same was detected at the time of inspection that was held on 24-7-1983. In the background of the aforesaid facts District Ant......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ..

Category: Criminal Law | Date: | Hits: 75

Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)

....eported in: 51 DLR (HCD) (1999) 278.......sses. He stated that the accused persons also damaged his paddy. 19. In cross-examination he stated that he was net present when the complainant went into possession of the case land for the first time. 20. From the evidence discussed above, it is clearly found that the witnesses examined in t...... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278....... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278...

Category: Criminal Law | Date: | Hits: 73

AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)

.... DLR (HCD) (1999) 274.......perties, movable and immovable, in his name or in Benami, in the name of his wife and in the name of the persons dependent on him as well as of liabilities in the prescribed form within the specified time. Petitioner submitted statement on 30-5-1989. The Bureau again served a notice on 10-6-1989 ask...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274....... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274...

Category: Criminal Law | Date: | Hits: 62

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

.... in: 51 DLR (HCD) (1999) 268. ......gaon PS on 14-3-89 at 11-30 PM stating that at about 3-30 PM on that day nephew P.W.5, Tofazzal, son of his cousin Dawan Ali went to his paddy land to supply water from the Deep Tube Well and at that time accused Matin and Kader resisted Tofazzal and attempted to assault him and Tofazzal for fear of......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......ted and asked accused to bring his gun from his house to finish time wicked persons. Then accused Feroja, wife of accused Kader brought out the gun and cartridges from their house and handed over the arms ant ammunition to Matin who handed over the same to Kader and accused Halima Khatun handed over..

Category: Criminal Law | Date: | Hits: 64