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Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....hamber 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. ......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......uctuous and/or non‑existent after full and final settlement of the claims for compensation. Under settlement, the Corporation was now to pay US $ 278,276.67 to the plaintiff. The suit was filed for recovery of said outstanding amount only. In reply to objections, the corporation denied any sort of......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)
....hosh Bahadur & others.............Opposite Parties Judgment March 11, 2002. Cases Referred to- Ibrahim Sk and others Vs. Janab Sk alias Janab Ali Sk & others 29 DLR 81; Chaganty Katarnraju Vs. Madavarappu Paripurnanandarn AIR 1949 (Madras) 282; Sree Narayan Chandra Panda Vs. Md.......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. ...... 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)
....98 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. ......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. ......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)
....) 213. ......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. ......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)
....n) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Mohammad Syed………………………………………………………………………….....Accused-Petitioner Vs. State, represented by the Deputy Commissioner and another…..Opposite-Party Judgment February 1......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......ot hand over the truck to him and took dilatory tactics and ultimately, did not return the same to him for which his well-wisher Md. Younus Sardar lordged a GID being No. 1664 dated 26‑7‑2002 for recovery of the truck from the possession of the accused petitioner. SI Md. Sirajul Islam of Chandga......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)
....s also Reported in: 56 DLR (HCD) (2004) 208....... 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.......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)
....es Judgment January 19, 2004. Result: The Rule is discharged. Cases Referred to- Hasibul Bahar Vs. Gulzar Rahman and another, 11 BLT (AD) 149 = 56 DLR (AD) 17; Md. Manzur Alam Vs. State and another, 11 BLT (AD) 156 = 55 DLR (AD) 62; Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and......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. ......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)
....on (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Loskor Md. Mostan Billah……………….Petitioner Vs. State……………………………………………….Respondents Judgment March 1......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. ......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)
....onnection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......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......on of the victim and subsequently, he is not traced out as yet. We may therefore, infer that the victim has been abducted with the object of murder. The other corroborative evidence on record was the recovery of human bones and the full shirts by PWs 16 and 17 from ghat No. 4/5 on 9‑9‑1999 and 1......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)
....s maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......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. ......ough rt. lateral side of the loin Exhibit 2" x 1 1/2" margins were averted. Death, in his opinion, was due to shock & hemorrhage as a result of injures mentioned above, which was caused by firearms like revolver, pistol, etc. and it was antemortem & homicidal in nature." PW4 proved inq..Category: Criminal Law | Date: | Hits: 54
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....se of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......ble under Order XLVII Rule 1 such as, (a) discovery of new and important matter or evidence, which after exercise of due diligence, was not within his knowledge or could not be produced by him at the time when judgment or order or decree was passed, (b) mistake or error apparent on the face of the r......0 arose out of Other Class Suit No.33 of 1992 pending in Court of the Senior Assistant Judge, Ishwarganj. 2. Respondent No.1 instituted the above suit for declaration of title in the suit land and recovery of khas possession in respect of .26 acres of land described in schedule ' Kha' to the plai......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39...Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of BanglaÂdesh and others, 2002, 31 CLC (HCD)
....ecember 10, 2002. Cases Referred To- Ahmadabad Urban Development Authority Vs. Sharad Kumar Jayanti Kumar Paswala, AIR 1992 SC 2038; Me Eldowney Vs. Fords, (1969) 3 WLR 179; Union of India Vs. Satyendra Nath, AIR 1955 (Cal) 581; Income tax Officer, Alleppey Vs. I MC Pon-noose and others, AIR 1......the aforesaid order dated 18-10-1999 before the NBR under section 46A(4) within the statutory period of 4 months asking for tax exemption. This review application also met the same fate. The NBR this time rejected the said review application on the ground that since the undertaking of the petitioner......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....Ed. This Case is also Reported in: 55 DLR (2003) 241.......e the released prisoner's later appearance in Court for further proceedings. 11. The Shorter Oxford English Dictionary gives the meaning for ‘Bail' Bond as security given for his appearance at a time and place assigned. 'Bail' means temporary release from imprisonment on finding sureties or sec......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....Vs. Collector of Customs, 48 DLR (AD) 58; Collector of Customs, Chittagong and others Vs. Ahmed Hossain and 39 others 48 DLR (AD) 195. Lawyers Involved: Zainul Abedin with AKM Quiyum Khan, Advocates—For the Petitioners. Md. Bazlur Rahman Chhana, Assistant Attorney-General—For the Opposi...... items namely, Crude Degummed Soyabean Oil under HS Code No. 15.07, 10.10 was withdrawn from the tariff schedule. 10. Mr. Abedin, submits that the International Market gradually went up and at the time when the Indent was obtained, LC opened, the shipment arrived and the Bills of Entry submitted,...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....upreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J SK Sinha J Abdul Ahad @ Md. Abdul Ahad…..………….Petitioner Vs. State ……………………………………………………..Respondent Judgment May 29, ......essions Judges to exercise revisional powers, in Pakistan and India it appears to us that in India and Pakistan, Sessions Judges have been given revisional powers to make final orders but at the same time, their powers under section 438 to recommend to the High Court for orders have been taken away.......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...Category: Criminal Law | Date: | Hits: 57
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....Hoque J Mazharul Haque Qureishi ……………….Petitioner Vs. Giridhari Rishi and others…………………Opposite Parties Judgment July 11, 1998. Cases Referred to- Sakhawat Hossain vs. Chowdhury Muhammad Sarwar and another, PLD (Dhaka) 1968 at page 557; Faziul Khan vs. ......” For the Petitioner. Md. Khurshid Alam Khan, Advocate — For the Opposite Parties. Civil Revision No. 3011 of 1995. Judgment Qazi Ebadul Hoque J. - This application appears to be out of time by 399 days. The explanation for delay is that the petitioner wrongly filed Miscellaneous Appea......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
....s.
Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others…………Respondents
Judgment
February 12, 1998.
Lawyers Involved:
Rafique-ul Huq with Zafarullah Chowdhury, Advocate — For the Petitioner.
Not Represented —the Respondents.
Writ Petition No. 1879 of 1993......issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order:
Provided that no such officer shall issue any ......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....so Reported in: 51 DLR (HCD) (1999) 141. ...... a result, she was constrained to file the present suit. 3. The appellant Islamic Foundation contested the by filing written statement. During pendency of the suit plaintiff Khairunnessa died some time in 1994 and subsequently, the heirs of said Khairunnessa i.e. the present respondents, were sub......or of Baitul Mokarram under the management of Islamic Foundation i.e. the appellant, as an heir and successor of late Md. Ismail, her maternal uncle and also for a decree for permanent injunction and recovery of Khas possession of the said shop from the appellants alleging, inter alia, that her mate......ant in respect of the said shop in the ground floor of Baitul Mokarram Complex by virtue of lease taken by the him from the then Baitul Mokarram Committee in 1960 and carried on his business of small arms at that shop. He also stated in his evidence that while Ismail was going to Mirpur from Mohamma..Category: Property Law | Date: | Hits: 116
Mukit and others Vs. State, 2011, 40 CLC (AD)
....once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......tacked Fazir Uddin with deadly weapons. It is alleged that Mukit gave a blow with a koach, a pointed weapon, on the chest of Fazir Uddin when Laich Uddin (P.W.1), the informant, resisted him. At that time accused Babul inflicted a blow with ballom on his chest. Salu inflicted a dao blow on the hand ......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......ue stateÂments in this regard. P.W.1 simply stated that Musabbir protested the felling of trees and that Lition and Rahela Parvin came with other accused with deadly weapons. He did not mention what arms had in the hands of these three accused. Similar nature of evidence in respect of other eye wit..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....gned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......rit-respondent Nos.1, 3 to 5 to hold the election of the elective offices of the Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of the order but at the same time maintained the impugned order dated 30.12.2002. 2. The writ-petitioners-respondents herein f......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
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