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Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....osite party No.1 Mosammat Monira Mostafa f1led the above mentioned petition of complaint alleging that on 9‑9‑2000 she was married with the accused-petitioner No.1 Md. Saiduzzaman (Mithu). At the time of marriage ceremony, father of the complainant gifted 14 bhories of gold, furniture, costly cl......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..Category: Criminal Law | Date: | Hits: 49
.... from the office of defendant No.4 asking him to show cause within 7 days as to why his lease would not be cancelled. Against the notice, causes was shown with defendant No.4 of 26‑9‑1993. At the time, the plaintiff went to Ajmeer. In the objection, it was categorically stated that on the demise......s could be established. After close scrutiny of the lease deed, we are of the view that the parties intended that a small cottage industry would be established on the suit plot for provision of small scale entrepreneurs. Therefore, a factory for making small iron and/or steel products could not be s..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
..... They claimed title mainly on the basis of a registered 'Kabulyat' dated 21‑6‑1947 executed and registered by defendant No.1 and payment of rents on rent receipts given by said defendant. At the time of presentation of plaint, the 'kabulyat' was filed in Court. Then, on 8‑2‑1999 the plainti......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....t of actual acquisition. [Abdul Gafur Khan and others Vs. Bangladesh 36 DLR (AD) 163, 42 DLR (AD) 99]. 41. During determination of the price in a case where the Government takes unnecessary longer time to publish the statutory notification resulting in an increase of the market price, the authori......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....ness. Thereafter, the accused persons were also examined under section 342 of the Cr.P.C. and a date was fixed for hearing arguments. In the aforesaid background, this revision is filed. 5. At the time of hearing, Mr. Khurshid Alam Khan, the learned Advocate for the petitioner appearing with lear......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....nts granted to him failed to produce documents in support of his claim. He also disbelieved the medical certificate relating to the treatment of the petitioner expressing suspicion about the point of time noted in the certificate. The learned Advocate for the petitioner submits that while hearing th......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....iven a licence in 1998 to hold a Rifle and he renewed the said licence from year to year and it has been renewed upto 2002 and that he did never violate any terms and conditions of the licence at any time nor even disturbed public peace in any manner and that on 21‑10‑2002 respondent No.5 i.e. O....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... death. 7. Mr. Md. Zahidul Bari, the learned Advocate, appearing with Mr. Biswajit Debriath for the condemned prisoner argued the following points: (i) The condemned prisoner was a child at the time when charge was framed against him on 5‑4‑2000 and thus he having not been tried by tile Ju...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....nce by this Court exercising revisional power. 9. In view of the fact that the present Rule arises out of an interlocutory order and further proceedings of the Suit have remained stayed for a long time. I feel inclined to take it up for disposal on merit on the basis of the materials on record. ...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....ter a chemical test, it was found that GSM declaration of the importer was about 24 GSM and net weight of 48309.67 Kg. Accordingly, the goods were assessed at the rate of tariff value in force at the time the bill of entry was presented. The order for assessment of customs duty therefore, does not c......ed. 7. We find two invoices dated 8‑12‑1998 for the consignments (Annexure‑B and BI). In both invoices, the price quoted per ream of cigarette papers is US$ 5.65. The invoices are signed and scaled on both pages on behalf of the Consular Department of the Ministry of Foreign Affairs of the ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....d/or concerning and/or in connection with and/or in consequence of or relating to this contract whether or not the obligations of either party or both parties under this contract be subsisting at the time of such dispute and whether or not this contract has been terminated or frustrated or ported to......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
....on 152 of the Code of Civil Procedure reads as follows: "Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties....... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....rs 10/12 dacoits entered, being armed with kata, gun, rifle, etc. into the house of the informant Md. Idris and looted away cash and kind from the house of the informant, that 5/6 dacoits at the same time entered into the house of the brother of informant Abul Kashem alias Abu, that another 5/6 daco......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....ted in 1979 Criminal Law Journal 409 a decision by a Single Judge of Allahabad High Court has been placed before us. The said case arose out of an order of discharge passed by the trial Court. At the time of hearing of the Rule while considering the matter on merits also the said learned Single Judg......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....d 26‑7‑2002 for recovery of the truck from the possession of the accused petitioner. SI Md. Sirajul Islam of Chandgaon PS seized the truck from the possession of the accused petitioner and at the time of seizure of the truck it was not registered and there was no number plate. The accused petiti......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
.... of the opposite party No.1 Idris Ali, instituted a complaint case alleging that during subsistence of marriage between them, the opposite party No.1 married one Aklima Akhter alias Mukta for the 2nd time without taking permission of the Chairman, Union Parishad and without knowledge of the 1st wife......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....nd circumstances of each case. He also submits that on the self‑same ground civil suit and criminal case can proceed on simultaneously and there is no bar on the proceeding of two cases at the same time. In this regard he cited a decision reported in 11 BLT (AD) 156 (Md. Manzur Alam Vs. State and ......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....ercised, whether continuously or not, the powers under the Code of Criminal Procedure. 1898 (Act V of 1898), ex‑officio Special Judge to try and punish offences as specified and to be included from time to time in the Schedule to that Act and shall have jurisdiction to try the said offences commit......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....lk with that boy, that he along with Idries Jamai has been standing there. The boy of Jhenaidah has searched for Khodeza, that on query to the boy he discloses that he hails from Jhenaidah, that some time thereafter Ershad Sikder, Faruq Jamai, Liaqat Lasker have taken the boy to the 1st floor of the......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....sonable doubt arises that must be given to the accused persons. It is observed here that danger of exaggerated devotion to Rule of benefit of doubt at the expense of social defence and to soothing sentiment that all acquittals are always good regardless of justice to victim and community demand espe......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
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