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Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....innocence and led evidence in defence. 7. The defence case, as it transpires from the trend of cross-examination, is that of innocence and false implication. It was divulged in defence that at the relevant time the accused was in his own village home at village Bajechaluhati, having heard the occ......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......rney-General—For the Respondent-State. Criminal Appeal No. 422 of 1989. Judgment SM Ziaul Karim J.- By this appeal convict appellant Abul Kalam has challenged the propriety of the judgment and order dated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 o......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ..Category: Criminal Law | Date: | Hits: 40
....face of the record and non-application of mind on material facts, or there was an arbitrary, or mala fide exercise of power on the part of the concerned authorities of the university.
10. That the relevant portion of the Kaifiat Patra (Annexure-A) against the petitioners containing allegations re...... the respondent Nos. 1 and 2 to oppose the Rule.
5. Mr. Md. Tajul Islam, the learned Advocate appearing on behalf of the petitioners, took us through the impugned order and other annexed documents/papers available on record and submits that the impugned order does not specify upon what materials ......
This Case is also Reported in: 59 DLR (2007) 58.
...... behalf of the respondent Nos. 1 and 2 to oppose the Rule.
5. Mr. Md. Tajul Islam, the learned Advocate appearing on behalf of the petitioners, took us through the impugned order and other annexed documents/papers available on record and submits that the impugned order does not specify upon what ..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....ority under any of the said Acts, and upon such notification, the Labour Court shall be deemed to be such authority and shall exercise the powers and perform the functions of such authority under the relevant Act. (7) If any member of the Labour Court is absent from, or is otherwise unable to......ommittee was not neutral. The petitioner was not given any opportunity to defend himself. On the basis of false assurance given by the Enquiry Committee the petitioner put his signature on some blank papers. The Enquiry Committee having used the said blank papers submitted report. The respondent No.......Jurisdiction) Present: Md. Muzammel Hossain J Farid Ahmed J Siddiqur Rahman……………………………Petitioner Vs. Chairman, Divisional Labour Court and others……….Respondents Judgment March 12, 2006. Cases Referred To- ......elf before the Enquiry Committee. He crossexamined witnesses of the respondent No. 2 Company. He also examined 2 witnesses on his behalf including himself. The petitioner put his signature in all the documents of the proceedings before the Enquiry Committee and the allegations raised against the pet..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....unt on 13-11-89 and obtained necessary permission from BSB, the respondent No. 4 for co-option of the petitioner as a Director of the Company. The petitioner received the permission letter along with relevant papers on 9-5-90 for necessary action at his end. The petitioner subsequently declined to b......-11-89 and obtained necessary permission from BSB, the respondent No. 4 for co-option of the petitioner as a Director of the Company. The petitioner received the permission letter along with relevant papers on 9-5-90 for necessary action at his end. The petitioner subsequently declined to be a direc...... ......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....g an application filed by the present defendant-petitioner (hereinafter called petitioner) for expunging the deposition of opposite party No. 1 as outside of his original written statement. 2. The relevant facts, in short, are that the opposite party No. 3 (hereinafter called the plaintiff) as pl......y by giving a go-bye to the earlier pleadings of joint property equally belonging to this petitioner and other opposite parties as per Partition Deed No. 160 dated 23-12-1958. As a matter of fact, no papers and documents were annexed with the additional written statement and the amendment applicatio...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- ...... a go-bye to the earlier pleadings of joint property equally belonging to this petitioner and other opposite parties as per Partition Deed No. 160 dated 23-12-1958. As a matter of fact, no papers and documents were annexed with the additional written statement and the amendment application showing e..Category: Property Law | Date: | Hits: 42
....que as security deposit in terms of section 42(1) of the Artha Rin Adalat Ain, 2003 and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Short facts relevant for the purpose of disposal of the Rule are as follows:
The decree holder respondent...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......
Farah Mahbub J
Doly Enterprise & others………………………………………………………………Petitioners
Vs.
Additional District Judge, 1st Court, Dhaka and another…………Respondents
Judgment
October 19, 2006.
Cases Referred To...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....In cross-examination he denied the suggestion that the occurrence did not take place as alleged by the prosecution and he was deposing falsely. 23. PW 11 SI Md. Ali Akbar Khan deposed that at the relevant time he was attached with the Sherpur Police Station and the case was endorsed to him for i...... when examined under section 342 of the Code of Criminal Procedure, they repeated their innocence and led no evidence in defence, however, appellant Fazar Ali offered an explanation by producing some papers. 8. The defence case as it transpires from the trend of cross-examination of the prosecuti...... This Case is also Reported in: 59 DLR (2007) 30....... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....he seizure list (Exhibit 1). They deposed that in their presence police seized two saries and kupi bati. They identified the seized articles in the Court. 19. PW 8 Jalal Ahmed deposed that at the relevant time he was Chowkider of Khadabunia village. On the following day of the occurrence he foun......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......his Case is also Reported in: 59 DLR (2007) 23. ......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......rieved by the aforesaid impugned judgment and order of conviction and sentence this accused appellant has preferred this appeal. 9. Heard the learned Counsels of both the sides and perused the papers and documents. 10. Mr. Shareef Ahmed, the learned Counsel appearing for the accused ap..............…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For the State. Criminal Appeal No. 195 of 1998. Ju......he aforesaid impugned judgment and order of conviction and sentence this accused appellant has preferred this appeal. 9. Heard the learned Counsels of both the sides and perused the papers and documents. 10. Mr. Shareef Ahmed, the learned Counsel appearing for the accused appellant, ha..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....s upon him, cannot be legally treated as an absconder. 21. 30 days' time for preferring appeal to be counted from the date of pronouncement of judgment or date of knowledge of conviction when relevant statutes do no prescribe any date from which limitation is to run. In the instant case the ...... prevailing since the inception of this Court that the appeal is to be filed within 30 days from the date of pronouncement of the judgment or from the date of knowledge. 16. On perusal of the papers and document filed by the accused petitioner, it appears that in the instant case first infor...........................Opposite Party Judgment August 9, 2005. Cases Referred To- Lal Mia vs State 42 DLR 15; Anser Ali (Md) vs State 3 BLC 68; Bangladesh vs Lokman Patwary and others 1994 BLD (AD) 155 = 46 DLR (AD) 163; Md Abdul Motaleb Mia vs State 7 MLR 458 = 7 BLC 644;......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..Category: Criminal Law | Date: | Hits: 31
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
.... The company thought it lawyer also replied to the legal notice on 1-1-1994 stating that the board had acted in exercise of the power reserved to it by the Articles of Association of the company. The relevant article being Article 37 which reads as follows: “37. The Directors may at any time in......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ...... Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Giasuddin Ahmed……………………………Petitioner Vs. Green Delta Insurance Company Limited and another…………….Respondents Judgment August 20, 1995. Cases Referred To- Sh......he Directors of the company considered 46 different transactions involving the transfer of shares for the period when the petitioner had purchased the said 22,000 shares and also lodged all necessary documents for registration of his purchase, but quite deliberately kept the transfer of the shares t..Category: Company Law | Date: | Hits: 181
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....t also appears that the accused had no undue advantage in her matter. Be that as it may, on a careful consideration of the facts and circumstance of the case and the evidence on record and also the relevant provisions of law, we are of the view that the alleged offence committed by this appellan......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......que Advocates— For the Appellants. A.B.M. Golam Majid Advocate— For the State. Criminal Appeal No. 230 of 1978 Judgment Muhammad Ansar Ali J.— This appeal arises out of the Judgment and order dated 31.8.78 passed in Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Ju......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......88. In the said Annexure-C containing the grounds of detention it is stated that complaints have been received that the detenu is a member of organised gang which commit forgery in respect of various papers and documents, that the detenu attempted to release contraband goods from the Customs Departm......llaneous Case No. 73 of 1988 Judgment Fazle Hossain Mohammad Habibur Rahman J.—This Rule was issued on 20-6-88 calling upon the Secretary, Ministry of Home Affairs, Government of Bangladesh and four others to show cause why the detenu Gafur Mohammad Ibrahim should not be directed to be r......said Annexure-C containing the grounds of detention it is stated that complaints have been received that the detenu is a member of organised gang which commit forgery in respect of various papers and documents, that the detenu attempted to release contraband goods from the Customs Department on the ..Category: Criminal Law | Date: | Hits: 29
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....Amir Hossain and Ali Howlader. P.W.7 Abu Taher and P.W.9 Zillur Rahman are the police, personnel who conducted the investigation. P.W.8 Mr. M.A. Aziz was the Magistrate, First Class at Barguna at the relevant time. He recorded the confessional statement of accused appellant Amir Hossain on 8.2.78. ......se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......al No. 136 of 1987 with Jail Appeal No. 157 of 1988 Judgment Mohammad Ismailuddin Sarker J.—This appeal by the 3 accused-appellants are directed against the order of conviction and sentence passed by the learned Sessions Judge, Patuakhali convicting them under section 395/397 ......se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ..Category: Criminal Law | Date: | Hits: 51
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....rned Advocate appearing for the appellant, has taken us through the first information report, Depositions of the prosecution witnesses, the judgment of the learned Additional Sessions Judge and other relevant records of the Case. He has submitted that having regard to the evidence of P.W.1 that he......tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ...... Case No. 158 of 1982 in the Court of Addl. Sessions Judge, 1st Court, Sylhet.) Judgment Nurul Huque Bhuiyan J.—This appeal has been preferred by the appellant Siddik Ali against the judgment and order dated 31-5-83 passed by Mr. Ibrahim Ali, Additional Sessions Judge, 1st Court-in-Charge, S......tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ..Category: Criminal Law | Date: | Hits: 30
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....nding as to the right, title and possession over the suit property and therefore the order need to be- set aside. The learned Advocate has referred to certain decisions to which I shall advert at the relevant portions of the judgment. 5. Mr. M. G. Bhuiyan, the learned Advocate appearing for the......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......ate—For Opposite Party No. 1. Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dh...... Khatian was prepared in her name and she has been residing in the suit property since purchase by constructing hut therein. 12. It, therefore, appears that it is a case between two contesting documents, said to have been executed by the same vendor, one after the other, transferring the same..Category: Property Law | Date: | Hits: 39
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....ng a charge under section 381 of the Penal Code as he had all opportunity to cross-examine the prosecution witnesses on the circumstances appearing against him for having committed the offence. It is relevant to refer the decision in the case of Makhan Chandra Das and another Vs Nimai Chandra Das, 2......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.........Petitioner Vs. The State.......................................Opposite Party Judgment October 27, 1988. Cases Referred to- Jahangir Hossain Vs. The State, 7 BLD 366, Makhan Chandra Das and another Vs. Nimai Chandra Das, 21 DLR 384, Sultan Ahmed Vs. the State, 12 DLR at page ......result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7...Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....rtnership business. He has also observed that defence was not of partnership business but a total denial to the existence of entrustment of the paddy in question. Now it is necessary to discuss the relevant provision of law in this regard. Section 405 of the Penal Code defines criminal breach of......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ...... — For the petitioner. Abdul Momen Chowdhury, Advocate—For the Opposite Party. Criminal Revision No. 47 of 1986 Judgment A M Mahmudur Rahman J.- This Rule arises out of a Judgment, and Order dated 24.12.85 passed by the learned Sessions Judge, Chittagong in Criminal Appeal No. 122......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....same. 9. That through diversion of fund, import of reconditioned engines instead of new engines and keeping the under construction vessels incomplete they have violated contract of loan as well as relevant provision of P.O. 128/72 and rules there in collaboration with the borrowers and it may app......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......84 with Criminal Revision No. 244 of 1984. Judgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now......o dispose of the 1st submission of the learned Advocate for the complainant, we have perused the provisions of Article 37(1) of P.O. 128 of 1972 by which willful making of false statements in certain documents given to the BSRS have been made punishable. In the four corners of the petition of compla..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....hat consequently the said rules 46A-46H of Order 21 were treated to be the existing law of the then East Bengal (later East Pakistan) within the jurisdiction of the then High Court of Dacca under the relevant laws made on the eve of independence on the 14th August, 1947 and those Rules 46A to 46H of......se, Singapore and also to ask the garnishee to substantiate its objection and after hearing both sides in this respect and after examining the evidence including the necessary documents and connected papers to be filed by both the parties the executing Court was to write out a clear order giving rea......lved: Ahsanul Kabir, Advocate - For the appellant. A.K.M. Shafiqur Rahman with Mostafa Kamal Pasha, Advocate - For the respondent. Cases Referred to- Md. Nurul Islam vs. Md. Abdur Rashid and oths.983BLD (AD) 310; Sardhri Lal vs. Ambika Pershad 15 Indian Appeals 1123JLR, 15 Cal 521 (P.C.......turn Commercial Enterprise, Singapore and also to ask the garnishee to substantiate its objection and after hearing both sides in this respect and after examining the evidence including the necessary documents and connected papers to be filed by both the parties the executing Court was to write out ..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
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