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Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....stantially as laid down i.e. to prove to the hilt beyond all reasonable doubt on strength of clear cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial, and not by an isolated scrutiny of evidence. Prosecut......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..

Category: Criminal Law | Date: | Hits: 116

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....al Procedure to which they repeated their innocence and the defence did not adduce any evidence on their behalf. 9. The defence case as could be gathered from the trend of cross-examination is the total denial and their case, inter alia, is that the accused are innocent and they have been falsely......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... Petition. 30. List of the rescue equipments (Spellings of the equipments given by the petitioners may not be correct) provided by the petitioners is as follows: i. “Turn Table Ladder (TTL), (total-6), Height 170 feet, Moving. ii. Shorkel, (total-6), Moving Ladder, Height 88 feet. iii.......able in our country. If an earthquake of higher magnitude occurs in our country, hundreds of thousands of people are likely to lose their life and equal number of people is likely to be maimed in the absence of adequate rescue equipments at the dis­posal of Fire Service and Civil Defence. The first...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ..

Category: Constitutional Law | Date: | Hits: 211

Momena Khatun and oth­ers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

....fendant No.1 requested the plaintiffs to take responsibility for payment of the entire installments to which the predecessor of the plaintiffs agreed and plaintiffs at first paid some installments in total Taka 19 lacks and Taka 14 lacks were remain unpaid. Plaintiffs also made payment to RAJUK the ......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......laintiffs were inducted into possession by the original allottee not through mastans. Learned Advocate further submits that, since defendant did not examine any witness learned Judge acted beyond his jurisdiction in considering the written statement filed by the defendants. 9. On the other hand M..

Category: Property Law | Date: | Hits: 78

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....e to the Government, Statutory Bodies or Corporations on account of the building; (iii) the funds required annually for the upkeep, maintenance and management of the building: Provided that the total amount of liabilities payable in respect of the building shall not, in any case, exceed two-th......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......rned Subordinate Judge and Artha Rin Adalat decreed the suit by judgment and decree dated 14‑5‑02 (Annexure D). It has been contended by the petitioners that the Artha Rin Adalat acted beyond its jurisdiction as the loan amount claimed by the plaintiff respondent bank is not a loan as per defini..

Category: Property Law | Date: | Hits: 173

Hanif Shaikh (Md) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ...... the writ petitioner moved this Court and obtained the Rule. 3. Mr. Md. Ruhul Quddus, learned Advocate, appearing for the petitioner, submits that the respondent No. 2 has manifestly exercised his jurisdiction not invested in him under section 20 of the said Act in cancelling the declaration of t..

Category: Information Technology Law | Date: | Hits: 282

AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)

....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......AH Mahfazur Rahman, the learned Advocate appearing on behalf of the petitioner, assails the impugned judgment and order on two grounds (1) the order passed by the Additional District Judge is without jurisdiction and (2) the impugned order has been passed by the said Court on non-consideration of th..

Category: Trust/Waqf Law | Date: | Hits: 153

Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)

....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...

Category: Criminal Law | Date: | Hits: 64

Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)

....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..

Category: Criminal Law | Date: | Hits: 70

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ......excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ...... Md. Nurul Huda, Advocates ‑ For Respondent No. 2. Writ Petition No. 2698 of 1998. Judgment Md Awlad Ali J. - This Rule arises out of an order dated 31‑3‑1998 deciding the question of jurisdiction of the Labour Court and also the judgment dated 4‑8‑1998 passed by the Labour Court..

Category: Labour and Industrial Law | Date: | Hits: 188

National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)

....bed 50% by sponsor directors and 50% by public subscribers and to meet the requirement of section 48(1) of the Insurance Act, 1938 the Company had 7 directors from the policy holders being 1/3 of the total number of directors in 1988, being 1/3 of existing 20 directors. With the issue of shares to t......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......88‑89. The petitioner also served a notice of demand of justice, and having no other adequate remedy and being aggrieved by the illegal demand of the respondent, the petitioner has invoked the writ jurisdiction of this Court. No one appears on behalf of the respondent to resist the petitioner's..

Category: Business or Commercial Law | Date: | Hits: 271

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

.... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622....... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622....... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...

Category: Criminal Law | Date: | Hits: 71

Wazir Jahan Begum and another Vs. Government of Bangla­desh and others, 2003, 32 CLC (HCD)

....a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...

Category: Civil Law | Date: | Hits: 81

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......‑1995 by Additional District Magistrate Noakhali dismissing CR Case No. 3/84 under sections 467/109, Penal Code and acquitting the accused under section 247 of the Code of Criminal Procedure due to absence of the complainant-appellant in the Court on that date. 2. Learned Advocate for the appel......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...

Category: Procedural Law | Date: | Hits: 73

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...

Category: Procedural Law | Date: | Hits: 54

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

.... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... No. 2 of 2004 on 10.4.2004, which the executing Court admitted on 31.5.2004. Being aggrieved by the said order dated 31.5.2004 the petitioner moved the High Court Division under its special original jurisdiction and obtained the instant Rule and order of stay on 10.4.2005. Nearly after four years i..

Category: Civil Law | Date: | Hits: 107

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

.... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 80

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78