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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....... 17‑1‑2003, corresponding to GR No. 12 of 2003 under sections 3, 4 of the Explosive Substance Act, 1908 framing charge against the appellant under section 3 of the said Act. 2. The prosecution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the..

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. ....... 7 dated 2‑9‑2003 under section 25B of the Special Powers Act, 1974 now pending in the Court of Magistrate, 1st Class, Cognizance Court No. 1, Sylhet should not be quashed. 2. The prosecution case as stated in the first information report is that one, SI Maiharul Haque, Detective Branch, Syl..

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. ......y favourable response filed the Complaint Case No. 4/97 in the Labour Court, Rajshahi praying for his reinstatement with back wages and other costs. 3. The petitioner No. 2 contested the complaint case by filing written statement stating, inter alia, that the complaint case is not maintainable an..

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

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

....€‘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....... 11‑3‑1999 by the respondent imposing fine on the petitioner Annexure O to the writ petition should not be declared to have been done without lawful authority and is of no legal effect. 2. The case of the petitioner National Life Insurance Company Limited is that the petitioner is a company r..

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.......ident. He then submits that Ramna PS Case No. 35 dated 13‑3‑2001 under sections 10 and 12 of Jana Nirapatta (Bishesh Bidhan) Ain, 2000, against Mirza Abbas and six others having been started, the case was transferred to Jana Nirapatta Bighnakari Oporadh Daman Tribunal being Jana Nirapatta Case N..

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.......sis. On the other hand, Mr. KS Zaman, the learned Advocate appearing for the respondents, submits that in view of the power given in section 27 sub‑section 7(D), the District Judge can transfer the case to the Artha Rin Adalat or any other Court for trial. 3. On perusal of the President's Order..

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.......referred Criminal Appeal No. 32 of 1989 which was heard and allowed by Additional Sessions Judge, Noakhali vide judgment dated 16-­1‑1994 setting aside the earlier order of conviction and sent the case record for retrial with direction to amend the charge by adding section 109 PC with section 467..

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.......es of the judgment‑debtor for satisfaction of decreed amount. In support, he cited Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. 5. The record of the case discloses a sorry state of affairs the courts come across in dealing with the properties of cit..

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. ......e No.23 dated 14-10-2002, corresponding to GR No.482 of 2002, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, as has been initiated upon lodging a first information report (FIR) on 14-10-2002 by the infor..

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. ...... very outset we think it would be necessary to mention that after a long legal battle which started from High Court Division and ended up in the Appellate Division, it has been finally settled in the case on National Board of Revenue Chairman Vs. Intertek Testing Services International Ltd. 11 BLC (..

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: ......hul Quddus J. - This Rule, at the instance of a judgment debtor, was issued calling in question order dated 31.5.2004 passed by the Judge, Artha Rin Adalat No.1, Pirojpur admitting a second execution case namely Artha Rin Decree Execution Case No.2 of 2004 arising out of Artha Rin Suit No.3 of 1998...

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: ......omilla in Artha Decree Execution Case No.44 of 1995 (arising out of Artha Rin Suit No.182 of 1992) issuing warrant of arrest against the petitioners to put them in civil prison. 2. The petitioners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.18..

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: ......skar instituted Title Suit No.60 of 2001 in the Court of Senior Assistant Judge, Baniachang, Habiganj for declaration of title over 19.25 acres of land as described in the schedule of the plaint. His case, in brief, is that the suit land originally belonged to defendant No.5 Dewan Nasrat Reza Waqf E..

Category: Property Law | Date: | Hits: 78

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ......ed 11.5.1982 of the Subordinate Judge (now Joint District Judge), Second Court, Khulna passed in Title Suit No.319 of 1981 decreeing the suit for specific performance of contract. 2. Plaintiff’s case, in brief, is that defendant No.1, Mokter Ali Mondal (herein opposite party No.2) entered into ..

Category: Property Law | Date: | Hits: 99

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......t, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for another one year. 2. Prosecution case, in brief, is that the Officer-in-charge of Naoapara food godown, Mirza Monwar Hossain was in c..

Category: Criminal Law | Date: | Hits: 61

Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)

....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......Code. In course of investigation the police arrested the appellant and he made statement under section 164 of the Code of Criminal Procedure before the Magistrate of first class, Jhenaidah. 4. The case after being ready for trial, was sent to the Sessions Judge, Jhenaidah, wherein it was register..

Category: Criminal Law | Date: | Hits: 74

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......la Magistrate, Bahubal, Habiganj on 2.11.1986 against opposite party No.1 Jira Miah stating, inter alia, that the opposite party along with his brothers were trying to take forcible possession of the case land (as described in the 1st and 2nd schedules of the miscellaneous case). He claimed title ov..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......petual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and from transferring it to any other person. 2. Plaintiffs’ case, in brief, is that the suit property originally belonged to one Md. Ramjan Ali, who being a mig..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......d the procee­dings, but in revision the learned Single Judge held that the provision for stay of the pro­ceedings of a suit as laid down in section 34 of the Arbitration Act would not apply to this case. 2. Appellants are the Government of Bangladesh represented by the Secretary, Ministry of Co..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......d (4) Sonaullah by 4 pattas dated 3.12.27 According to the defendant, the pattas created a mokarari jote right but according to the plaintiff it created an under tenure holding. 5. Decision of the case depends on interpretation of terms of the pattas. The defendant in support of his case referred..

Category: Property Law | Date: | Hits: 58