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Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....paid to the holder. (3) Notwithstanding anything contained in sub-sections (1) and (2), the holder of the cheque shall retain his right to establish his claim through civil Court if whole or any part of the value of the cheque remains unrealized. 141. Cognizance of offences— Notwithstan......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....ajom and Sheikh Kolomdi, vide a registered saff-kabala deed No.2884 dated 18.01.1914 and delivered possession thereon. Thereafter, Sheikh Majom and Sheikh Kolomddi got the said land, vide an amicable partition amongst 3 (three) brothers. Thereafter, Sheikh Kolomdi died leaving behind his only son Ko......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......t the whereabouts of the victim said nothing. It was suspected that the accused-petitioner No.2 along with others might have kidnapped the victim with some ill motive. 4. The police took up investigation and on completion submitted charge-sheet against the accused petitioners and othe..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....ich is an abuse of the process of the Court and as such the proceeding is liable to be quashed. 7. Mr. Gazi Md. Mamunur Rashid, learned Assistant Attorney General appearing for the State-opposite party with reference to the petition of complaint submits that it discloses the offence of rape agai......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
.... Criminal Miscellaneous Case No.1828 of 2011. Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Se...... ২(ট)(অ)/৪(২) of the Money Laundering Protirodh Ain, 2009, hence the case. 3. Thereafter the Anti-Corruption Commission, Dhaka investigated the case; during investigation the investigation officer recorded the statement of the witnesses under section 161 of the Code of Crimi..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
.... The Rule is disposed of. Code of Criminal Procedure, 1898; Sections 247, 439, 561A. Fresh complaint petition not a bar in case of non-acquital. If an accused is not acquitted from a particular case, fresh petition of complaint can not be a bar under any law. And as such it can be s......red into the premises of the informant and took away valuable goods from the house and abducted the wife of witness Manik Miah and wife and daughter of another witness Rowal. 3. The police after investigation into the said case submitted final report in favour of the accused-person’s. The..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....court ought to have decreed the suit. Learned Advocate further submits that plaintiffs possession of the suit land from CS recorded owner is enough to bestow title as possession follows title, is one part and in the other part, by purchase from CS recorded owner, as such, the suit ought to have decr......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....here the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and continuation of the proceedings will cause abuse of the process of the Court. It would als......h a Chinese axe on his head. On the basis of the said allegation, Rajbari PS case No.26 dated 22-05-2007 was started under sections 342/365/324/326/301/506 of the Penal Code. 3. The police after investigation submitted Final Report on 31-10-2007 in the case stating that no evidence was found ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....establishment of many new and modern shopping molls it is regarded to be the most popular place for shopping. One of the main reasons for it's popularity lies in it's layout and for this particular feature this market has always attracted the shoppers to visit the market premises. ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
.... in the said admission test as stated above under the said Unit-A (Application PIN No.894391 and Roll No.10146) and he has been kept in the waiting list and, currently, waiting for admission in the department of Animal Husbandry (Hons) Degree Course of PSTU. Petitioner No.3 is the Joint Secretary of......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
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Category: Others | Date: 14 Mar, 2012 | Hits: 5
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....-9-2010 passed by the High Court Division in Criminal Revision Nos. 575, 576, 577and 578 of 2009). Judgment SK Sinha J. - The delay in filing of these leave petitions is condoned. Since the parties and the point of law involved in these petitions are identical, these petitions are disposed...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ision (Annexure-A) the Board further decided that the request of such a person may be refused due to non-availability of seat. This decision of the authority of Biman, respondent No.2, favouring a particular class of dignitaries without considering the case of other higher dignitaries described ......stem in the management of the Bangladesh Biman, at least in respect of upgrading the economy class passengers to the executive class without any additional charge. It is further alleged that on an investigation by the petitioner it has been found that the Biman authority being fully aware about ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....others........Petitioners Vs. State………………………………………………..Opposite party Judgment March 5, 2012. Result: The Rule is disposed of. Code of Crim...... Result: The Rule is disposed of. Code of Criminal Procedure, 1898; Section 561A Anti-Corruption Commission Rules, 2007, Rule 10 To secure justice, it is essential that a complete investigation is carried out by the Investigation Officer (IO) The investigation conducted by ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
....d Hedayet Hossain, further submits that the general power to borrow by the company was already provided in the memorandum of association under object sub-clause No. ........................ But to particularize the power to mortgage the company’s property a new sub-clause is required to be inc...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....the approval of the higher authorities, and issued interview letters and finally the accused-petitioners were appointed to various posts under the Land Ministry. 3. The informant himself conducted part of the investigation and, after his transfer, an Inspector named MA Kabir concluded the investi...... of the higher authorities, and issued interview letters and finally the accused-petitioners were appointed to various posts under the Land Ministry. 3. The informant himself conducted part of the investigation and, after his transfer, an Inspector named MA Kabir concluded the investigation and s..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....3rd Court, Dhaka by Judgment and decree dated 8-3-2004. Challenging the said decree, petitioner filed appeal with a delay of 159 days and the delay was condoned, against which, decree holder-opposite party moved before the Appellate Division of the Hon'ble Supreme Court in Civil Petition for Leave t......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....Miscellaneous Case No.4767 of 1997. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 26-08-1997 passed by the learned Sessio......ed the ejahar as such, the Rajbari PS Case No.8 dated 26-0-1993 under section 326/323/387/34 of the Penal Code was started against the accused persons and co-accused Anis Bepari. 3. Police after investigation on 02-05-1993 submitted charge-sheet under section 323/326/34 of the Penal Code agains..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
.... Azam fired a gun shot at the chest of victim Harun with his own firearm, and as a result, Harun fell down on the ground. The other accused persons made blank shots from their firearms. The informant party raised hue and cry, then the people of the neighbouring houses came to the place of occurrence......ied to construct a wall. Hence, the informant lodged the instant case with Panchlish Police Station against the accused persons under Sections 147/148/149/302/109 of the Penal Code. 3. After investigation police submitted Charge-Sheet being No.260 dated 10.08.2000 against the five accused p..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....e, the petitioner demanded dowry of Taka 50,000/- (fifty thousand) only to bring from her mother. As she refused, all the three accused beat her. She did not specifically mention any overt act on the part of the petitioner or any other accused. 8. P.W.7 Dr. Padmo Mohan Sinha, who examined the v......r and two others bringing allegation of torturing his aunty Shipra Rani Das for dowry on 19.4.1998. 3. Police recorded the case as Moulvibazar Police Station Case No.16 dated 22.4.1998 and after investigation submitted charge sheet on 8.12.1998 against all the accused under sections 10(2) and 1..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
.... the date of realization. The defendant Sadharan Bima Corporation contested that suit by filing written statement. The trial court, on consideration of the evidence adduced by both the contesting parties, and other facts and circumstances decreed that suit directing the Sadharan Bima Corporation......sured their plaint and factory machineries as well as stock of frozen fishes with Sadharan Bima Corporation i.e. the defendant Nos.1, 2 and 5. That the insurance company-the defendant No.1, after due investigation, examination and scrutiny of the stock of the fishes and the machineries agreed to cov..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
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