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M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

....­thority. 8. The learned Assistant Attorney General could not however make any comment on the Certificate issued by the Sonali Bank as evi­denced by Annexure-F-1. 9. Considering the statements made in the petition and the facts and circumstances of the Case and the submissions of t......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 471. ..

Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

....cate for the appellant in Criminal Appeal No.3186 of 2005 opposing the prayer for allowing custody of minor victim to the appellant in Criminal appeal No.3726 of 2005 vehemently submits that from the statements and submission made in the petition of appeal and application for direction to release co......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....td. itself to the Securities and Exchange Commission and the petitioner had no role in preparing or submitting those papers. The Petitioner had no knowledge as to the correctness of the contents of statements of those papers and also as to the correctness of information contained therein. The pet...... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....ated 3.03.2004 dismissed the cases of the petitioners.  16. The respondent nos.2-5 Bangladesh Biman Corporation & others contested the case before the Labour Court by filing written statements denying the allegations made in the petition stating, inter alia, that cases are not ma......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....f the national newspapers brought out reports about nonpayment of telephone bills which reached crores of taka. The relevant news report clippings are annexed with the petition. Those reports and the statements made in the petition were not denied in the affidavits in opposition filed on behalf of t......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....y to unfold the real offenders or accomplices. He visited the place of occurrence after 10 days of the alleged recovery, although the law re­quires that the witnesses should be examined and their statements, if necessary, be recorded in relation to a fact which is so fresh in the mind of the nar......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)

....al rightly discharged the accused respondent Nos. 2-4 and as such the appeal should be dismissed having no substance. 9. We have heard both sides and perused the F.I.R, charge sheet, 161 and 164 statements of victim Mahbuba Delwar, impugned order dated 05.10.2005 and other relevant papers. ......nt to the house of informant and abducted his daughter Mahabuba in their absence for the purpose of marrying her. During search informant came to know that Shafique Master, wife of Shafique Master (parents of accused Refat) and daughter of Shafique Master have kept confined victim Mahbuba Delowar @ ..

Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....perty. The said wrong record of rights having cre­ated cloud over the title, the plaintiff was constrained to institute the present suit. 3. The defendant Nos. 2 and 4 by filing separate written statements contested the suit. 4. The case of defendant No. 2 is that the suit property became e......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....e Unsuccessfully far reconsideration of the same. She also served a legal notice on 22.10.98 and ultimately filed the suit. 4. Defendant nos.1, 6, 9 and 10 contested the suit by filing written statements denying the material averments of the plaint and stat­ing, inter alia, that in respons......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

.... witnessed by herself and none else was there at that time, whereas PW 4 deposed that he was present at the time of occurrence and. saw the accused to kill the deceased. In view of such contradictory statements of the PWs, the prosecution case has become suspicious and the condemned prisoner shall g......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....tch map with in­dex, seized blood stained earth, lungi, a prayer mat, a cover of quilt, a plastic jug and a hurricane. He being transferred handed over the case diary. On 23.1.1996 he recorded the statements of P.W.4 Kamela Begum and P.W.5 Abu Taleb. P.W.4 stated to him that accused Kibria brok......d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)

....ound that miscarriage was done against the will of the deceased. He further stated that he visited the place of occurrence, prepared sketch map, Exhibit 8 with separate index, Exhibit 9, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and then after compl......s-examination he stated that septicemia is an infectious disease. It might be caused due to external or internal infection. So far he could remember the deceased was admitted in the hospital by her parents and mother-in-law, but that fact he did not mention in his report, given to the police station..

Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1

Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)

.... and 364 of the Code of Criminal Procedure were complied with but also whether the substance underneath the law was equally adhered to. There must not be any reason of doubt as to the truth of the statements, be it circumstantial or prove otherwise……………………………(25) The C......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ..

Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

.... then the plaintiff has been living in the house of her parents. Hence she filed the suit for dower and maintenance as aforesaid. 3. The defendant-petitioner contested the suit by filing written statements denying the material averments of the plaint stating, inter alia, in short, that the defe......9;s office under Joypurhat police station and thereafter they had been leading their conjugal life together in the house of the defendant happily for a few months. Thereafter at the instance of his parents the defendant started giving pressure upon her for various thing as dowry and for bringing tho..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)

....on 196D of the Act for the purpose of bring­ing all previous state of appears in the appeal since Provision of Appeal normally provides to be filed by way of memorandum which does not contain any statements of facts. Therefore the analogy attempted to be drawn in between the word 'May" ......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ..

Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....d and on 15‑6‑03 such result was published in the Bangladesh Gazette. 6. Opposite Party Nos.1, 3 and 6 of the election petition opposed the election petition by filing three separate written statements. Ultimately, one of the candidates, opposite party No.3, did not contest while opposite p......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ..

Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

....created cloud over their title and hence they were compelled to institute the instant suit for declaration of their title. 3. The defendant Nos.1‑4 contested the suit by filing a joint written statements alleging, inter alia, that the suit land being khal category land has been under the poss...... Nos.24 and he possessing remaining 0.05 acre by raising residential house thereon; that all the purchasers mutated their names in the  case land and have been possessing the case land by paying rents and taxes to the Government; that the plaintiff came to learn in the last part of 1995 that th..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

.... service the following kernel contention: I. Information at the earliest point of time carried to Police Station in respect of commission of any offence is first Information report and all other statements under section 162 of the Code. Information on 2-12-1992 carried by convict-appellant to S......d, either by direct or circumstantial evidence, that he was in the house at the relevant time or night. To fix the respondent only with the charge, it has to be borne in mind that in the house, the parents and others were there who were also made accused for murder, but they have been acquitted. ..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Emarat Ali Vs. State, 2005, 34 CLC (HCD)

....ask of investigation was entrusted upon SI Arif Chowdhury who after getting the task of investigation visited the place of occurrence, prepared sketch map with separate index thereof and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Due to his transfer......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ..

Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1

Suo Moto Ex-parte Order 2005

.... sit-in-strike in the Supreme Court premises or any Court premises in the name of any forum of organization of Bar Association. 3. From issuing leaflets, banners, making, giving or publishing statements publicly in any way whatsoever whether to or by the press and other media or otherwise o......ions. The Registrar of this Court is also directed to circulate this order through National Dailies and all Electronic Media. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 66. ..

Category: Others | Date: 23 May, 2005 | Hits: 13