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Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......tar of the Notice to sell the vessel, MV Kadam Rasul belonging to the petitioner by the respondent Bangladesh Shilpa Bank vide Annexure ‘F’ be not declared to have been done illegally and without lawful authority. 2. The facts, in brief, are that the petitioner is a registered Private Company..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171

Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)

....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......fendant No.2 Samala Bibi, and sister of defendant No.1 Noor Mohammad. P.W.3 Wajuddin is also an attesting witness of the plaintiff’s title deed who is the husband of the P.W.2 Kajol Banu and son-in-law of the defendant No.2 Samala Bibi. On the other hand the defendants examined as many as 4 D.Ws. ..

Category: Property Law | Date: | Hits: 74

Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)

.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ...... Retirement Act, 1974 has no implication upon such rights of the petitioner as the same is not applicable in the case of the petitioner and as such the impugned order was issued on misconstruction of law. 5. The learned Deputy Attorney General Mr. Mujibar Rahman appearing on behalf of the Govern..

Category: Employment/Service Law | Date: | Hits: 70

Abul Kalam Vs. State, 2011, 40 CLC (HCD)

....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e of the death of his wife. It gives clear indication of his involvement in the occurrence under the facts and circumstances of the present case. 9. By now it is well settled principle of criminal law that if a wife is found dead in custody of her husband and he fails to explain the cause of her ..

Category: Criminal Law | Date: | Hits: 58

Md. Nashir Vs. State, 2011, 40 CLC (HCD)

.... to conclude the trial, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to conclude the trial, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)

....concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ......ition denying mate­rial allegations made in the writ petition. The substance of their case is that the NOC was issued on certain terms and con­ditions and subsequently the Government promulgate new law being “বাংলাদেশ টেলিভিশনের জন্য টেরেস্..

Category: Information Technology Law | Date: | Hits: 585

State Vs. Shamima Arshad, 2000, 29 CLC (HCD)

....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......es not reappraise evidence unless it is shown that the inference drawn from evidence are perverse and the benefit of doubt that has been given was not in accordance with the established principles of law. 16. By now it is settled that order of acquittal cannot be interfered with by the appellate ..

Category: Criminal Law | Date: | Hits: 60

Bellishar Mohini Mohan High School and others Vs. Professor Mohammad Khurshid Miah and another, 1999, 28 CLC (HCD)

.... in the order dated 13-7-1995 passed by learned Assistant Judge. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 614.......ing required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so. d) Where the suit appears from the statement in the plaint to be barred by any law.” The Court can reject a plaint at any stage of the suit if any of the requirement of Rule ..

Category: Civil Law | Date: | Hits: 94

Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)

....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......ioner is competent to maintain this petition for pre-emption as he has filed the application for pre emption within the prescribed time in compliance with all the legal formalities required under the law. Mr. Hossain further submits that there has been no splitting up of the joma in accordance with ..

Category: Property Law | Date: | Hits: 70

Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)

....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... Uddin informed her that the dead body of her husband was lying inside a bagan on the northern bank of a pond of one Delowar behind the Jhenidah Cadet College; the informant along with her brother-in-law (Bhashur) Md. Adil Uddin, and others rushed to the place of occurrence and found three separate ..

Category: Criminal Law | Date: | Hits: 56

Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)

....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......mises Sonali Bank, Court Building Branch, in front of Yeasin College and in all place of occurrence a huge of number of leaf let was found wherein it was written that in order to implement the Islami law it was supplied by the Jamaatul Mujahidin Bangladesh. It is presume that in order to deteriorate..

Category: Criminal Law | Date: | Hits: 48

Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)

.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......pon hearing the parties and examining the evidence on record came to the finding that the learned trial Judge upon mis-appreciation of the facts and circumstances of the case and upon misapplying the law decreed the suit and accordingly the learned Appellate judge by his judgment dated 7.1.2002 allo..

Category: Property Law | Date: | Hits: 62

Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)

....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ...... 11 of 1994 (mistakenly the Rule was issued as IRO Case No. II of 1993) and Complaint Case No.86 of 1994 (Annexure “C” to the Writ Petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and invol..

Category: Labour and Industrial Law | Date: | Hits: 140

Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)

....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......ed Magistrate has committed no illegality in reviving the case. 6. Mr. MA Wahab, the learned Advocate for the petitioner, submits that the learned Metropolitan Magistrate has committed an error of law in reviving the case after expiry of 6(six) months from the date of order of discharge of the pe..

Category: Criminal Law | Date: | Hits: 56

Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)

....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......er hand, submits that though P.Ws. 1-3 did not corroborate the prosecution case but evidence of other witnesses namely, P.Ws. 4-8 being cogent and trustworthy the impugned judgment is maintainable in law. He further submits that there is no enmity between the said witnesses and the accused and, as s..

Category: Criminal Law | Date: | Hits: 48

Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)

.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......dged an ejahar with Tejgaon police station on 4.2.2003 alleging inter alia, that she got married with appellant No.1 on 20.3.1998. A few days after solemnization of their marriage, her husband and in-laws demanded dowry amounting to Taka 10,00,000/- (ten lac) to be brought from her parents and used ..

Category: Criminal Law | Date: | Hits: 55

Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......le are that the petitioners as plaintiffs instituted a suit for perpetual injunction against the Government and its officials in Narshingdi on the averments inter alia, that they (plaintiffs) are the lawful owners-in-possession of the suit land, which is their only homestead. The defendants initiate..

Category: Property Law | Date: | Hits: 58

Sontai Miah Vs. State, 2011, 40 CLC (HCD)

.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......gainst the accused person by adducing any corroborative evidence, even though the trial court convicted the appellant on mere surmises and conjecture. The impugned judgment is thus not sustainable in law which is liable to be set aside. We thus found merits in this appeal. 24. In the result, the ..

Category: Criminal Law | Date: | Hits: 50

Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)

....d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......cher Hafez Maulana Shamsul Huq used to live in another shead adjacent to that of his house and on the night following 4.8.2003 the brother of the informant Hafez Mohd. Giasuddin his grand father–in-law Wazed Ali retired in the varendah while Maqsuda, Khadiza wife of Giasuddin and Shamsul Huq slipp..

Category: Criminal Law | Date: | Hits: 52

Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......lease order was cancelled on 13.05.1985 by Martial Law Order No.128. 5. Mr. M. Amir-ul Islam, learned Counsel, appearing for the petitioners submitted that the High Court Division gravely erred in law as well as in fact in ignoring that the said purportedly acquired lands had not been used by the..

Category: Property Law | Date: | Hits: 59