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Abul Kashem Vs. State, 2005, 34 CLC (HCD)
.... other cases, the complainant ought to be examined. The object of an examination is three fold : i) to ascertain facts constituting an offence, ii) to prevent abuse of process resulting in wastage of time of the Court and harassment to the accused and iii) to help the Magistrate to judge if there ar......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....red to as the Company. The petitioner as on 31-10-1993 was a substantial share holder in the company with his name recorded as such in the share register of the company. The petitioner had at various times bought shares in the Company and these were duly recorded in his name in the share register of......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. ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....tra Ordinary Gazettes on 29.5.88 on 2.7.88, under the order of the Chief election Commissioner, there was re-election in Boraya Maizbhag Primary School and also Fulbari Aziria Madrasha centres. This time the opposite party No. 1 was declared elected chairÂman and his name was published in the offi...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....ife, but in disagreement with the opinion of the assessors, found all the remaining 5 accused not guilty of the charge under sections 304/34 of the Penal Code and hence acquitted them and at the same time found accused Babu @ Badaruddin Malitha guilty under section 323 of the Penal Code and senÂten......part subject to the modification with reÂgard 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
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....ain 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. 6. As t......se. So far as accused appellant Rustom Ali is concerned his appeal is disÂmissed 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)
....submitted that having reÂgard to the evidence of P.W.1 that he did not see the appellant calling his son Jitu Miah and that his daughter P.W.4 Ferdous Begum @ Rabea had been sleeping from before the time of calling of Jitu Miah by the appellant and Nousha Miah, P.W.1 and 4 did not see the calling o......tion and sentence passed on the appelÂlant 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
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....rosecution is that accused Badsha MolÂlah used to live with his wife and children in a separÂate mess and his father P.W.2 used to live in a joint mess with his eldest son deceased Babu Mollah some time prior to the occurrence and since then accused Badsha Mollah nourished grudge against deceased ...... set aside. We direct that the conÂdemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....rovided the case is governed by secÂtion 236 Cr.P.C. although no charge was framed for such offence for which the accused is convicted. In this case it seems to me that the learned Magistrate at the time of framing the charge was doubtful as to which of the offences would be constituted by the fact......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
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
.... assaulted his wife Peara Begum with a balikucha (an instrument for sharpening dao) severely for nonÂpayment of the balance of Tk.600/00 out of the dowÂry of Tk.4000/- agreed to be given him at the time of marriage. Peara Begum died on the spot as a result of the injuries. A boy informed the local......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ..Category: Criminal Law | Date: | Hits: 35
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....instruction from the judgment-debtor regarding the said order of attachment and that in these circumstances the petitioner Bangladesh Shipping Corporation had to pray before the Court for one month's time to make the deposit of such amount as would be ordered by the Executing Court. The learned Subo......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....o 27.7.85, but the learned Sessions Judge being on leave and outside the station in connection with Upazilla Court inspection, the working days of that court comes to 137. So, the case is well within time." 6. The learned Advocate for the petitioners submitted that the limp taken for leave and Up......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29...Category: Criminal Law | Date: | Hits: 24
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....tion was effected by the appellant by changing the schedule of the land although on the same form and by putting his signature on it on 1.4.58 and giving rise to a new document much later in point of time after settlement was prohibited by the Ext. B(1). 12. Thus it appears that by subsequent exe......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
....sistant Secretary, Ministry of Home Affairs. This order was again extended for a further period of 2 months with effect from 26.5.87 by the opposite party No. 2 by his order dated 11.5.87. In the meantime, the officer-in-charge of Kotwali Police Station, Comilla lodged an Ejahar alleging offence und...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
Zahirul Alam Vs. Manindra Nath Thakur, 1987, 16 CLC (HCD)
....f Civil Procedure in title suit No. 134 of 84 and restoring the suit to its file and number. 2. It appears that the suit was fixed for hearing on 26.7.87 and the plaintiff filed an application for time and the same was rejected and the suit was dismissed for default. Thereafter, the plaintiff fil......nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ..Category: Procedural Law | Date: | Hits: 111
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....was not in a mental state to take any steps in worldly affairs. After re-opening of the Court his learned Advocate traced out the records of Title Suit No. 322 of 1977 and came to learn for the first time on 20.11.80 that the suit was decreed ex parte on 16.7.80. This information was communicated to......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....ecovery of damages for wrongful detention thereof amounting to Tk. 70,00,000/-. 3. The certified copy of the order-sheet shows that the defendants entered appearance on 17.5.82 and they were given time to file a written statement many a time until 3.5.83 when the Court fixed 20.6.83 for written s......a does not arise and in any case this is not an exercise of power under section 151 of the Code of Civil Procedure, but an exercise of discretion of the Court, which in practice is followed on a wide scale in the subordinate Courts and which in the present case in his 8. Since Mr. Ishtiaq Ahmed'..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....r. Huq that the banks in such cases are now guided under section 103 of the Banking Companies Act, 1991 and the bank cannot withhold the payment when there is a direction of the account-holder at the time of opening of the account. He argued that in view of the clear provision of section 103 of the ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....ed as Annexure-D. The petitioner on receipt of the sale order started salvaging the jute goods from 5-2-95. The goods salvaged were either burnt or almost rotten due to remaining under water for long time. On the advice of the Port Authority and the Customs Authority the salvaged rotten and burnt go......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....ase of the plaintiff that they are the real owners of the aforesaid amount and they through defendant No.1 with the knowledge of Bangladesh Bank tried to get back the amount they deposited. They also time and again requested defendant No.1 for making arrangement for getting back their own money. It ......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....Court Division declared the detention of Shubhra illegal and directed the respondents to release the detenu. But it appears from the judgment that as soon as the detenu came out from jail gate, every time he was served with the fresh detention order and kept him in custody on the selfsame grounds an......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
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