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Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....ner Vs. Biswajit Dey and another……………………………….Opposite Parties Judgment March 11, 2007. Lawyers involved: Abdul Barek Chowdhury, Advocate—For the Petitioner. Mohammad Hossain, Advocate—For the Opposite Parties. Crimi...... a bank at Chittagong. As such, on the ground of initiating the proceeding at Chittagong this proceeding cannot be quashed. 6. Another striking fact is that accused petitioner at no point of time denied his signature on the cheque. Since the accused did not deny his signature, as such, th......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....ferred To- Shafi Khan vs. Mannujan Hussain, 35 DLR (AD) 225; Md. Sukur Ali vs. Sree Suresh Chandra Barman and others, 1984 BLD (AD) 219. Lawyers involved: M Enayetur Rahim, Advocate—For the Petitioner. Amirul Islam with Munshi Ahsan Kabir, Advocates— For the Opposite......er for preemption are hereby set aside and those of the trial Court dismissing the prayer for preemption are restored. The application for preemption is dismissed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....als are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......e has rightly found the appellant Ayub Ali guilty of the charge and that besides the confessional statement of Khalilur Rahman who has implicated him and Ayub Ali, PW 1 has also recognised him at the time of occurrence. He further submits that the confessional statement of Khalilur Rahman is inculpa......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..Category: Criminal Law | Date: | Hits: 38
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....ahar…….Opposite Party Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate—For the Petitioner. (in both the Rules) MA Jalil with Ranjit Kumar Dhar...... DW 1, a son of defendant Shaherunnessa, that in 1969 they entered under Solaiman as tenant as an admission of both the defendants to be tenants. DW 1 Sk. Sohrab Hossain was about 34 years old at the time of examination on 13-10-02. So, he was bora some time in 1968 and he was merely one year old in...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....13. ......d orders of the Deputy Commissioner of Taxes dated 15-6-03 and 24-12-03 (Annexure-E & F). The Commissioner of Taxes by his order dated 15-5-05 rejected the application for review for being out of time under sub-section 2 of section 121 of the Ordinance (Annexure-H). 9. Mr. Mosharraf Hossain, ......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....This Case is also Reported in: 59 DLR (2007) 207. ...... the submissions of Mr. Rafiqur Rahman and submitted that the suit as framed was barred by limitation after acquisition and the Court of appeal below therefore fell in serious error in decreeing such time barred suit. 22. He also submitted that in view of the findings of the trial Court that......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....nce in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......cy Power Rules, 2007 directing the respondent No. 1 to submit the statement of assets of his own and his family members including his wife and other dependents within 72(seventy two) hours from the time of receipt of the notice. The respondent Nos. 1 and 2 have also challenged the initiation a......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....astern Bank Ltd. and others………..Opposite Parties Judgment March 22, 2001. Cases Referred To- 46 DLR (AD) 174; 52 DLR (AD) 76; 53 DLR (AD) 9. Lawyers Involved: HR Sharif Advocate—For the Petitioner. Abul Hasnath with MGH Ruhullah, Advocates —For Opposite Party No. 1. ......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......amount. There was another similar liability of Taka 21,93,701,95 as on 31-12-94. Be that as it may, the plaintiff bank filed the aforesaid suit in the Subordinate Judge and Artha Rin Adalat No. 3 for recovery of Taka 21,93,701,95 with 20% interest. 3. The opposite party Nos. 2 and 3 did not conte......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41...Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....t wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......eramat Ali of village Paragaon P.S. Savar were accused P.S. Case No.4. (11)73. On 22.12.73 at about 7 A.M. they came to Birolia ghat for attending court at Dhaka in connection aforesaid case, At that time Tajal son of late Eklal Miah and Darog Ali (now dead) son of Sonal Miah along with 7/8 other pe.......W.5 Tasiruddin Mondal, P.W. 7 Nurai Mondal @ Noor Mohammad and some other persons of their party for plucking eyes of one Nabiullah brother of accused Seraj @ Sepai and taking undue advantage of the recovery of five dead bodies of some unknown persons, these accused have been implicated falsely in ......to pursue that case. It is the further case of the defence that in 1973 law and order situation was beyond the control of law enforcing agency and many miscreants were in possession of unauthorised arms and under such circumstances those 5(five) persons might have been killed by their enemies. ..Category: Criminal Law | Date: | Hits: 30
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....mail Uddin Sarker J Mirza Shahab Ispahani....................Petitioner Vs. Government of the Peoples’ Republic of Bangladesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent Judment March 31, 1987. Cases Refer......r paid occasional visits to Dhaka and all his visits from England since 1952 were to Dhaka alone and not to any place in the erstwhile West Pakistan. The petitioner has never visited during his lifetime the territories comprised in present Pakistan except breaking a journey in Karachi as a transit......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
.... Ismail Uddin Sarker J Md. Mozammel Hoque J Sultan Ahmed …………………………………………………………………Petitioner Vs. 1. Golam Mostafa alias Dulal 2. The State, represented by Deputy Commissioner Rajshahi……………........Opposite-Parties Judgment ......he accused fixing 10.6.85 for P.Ws. On 10.6.85 the learned Magistrate directed to issue fresh summons for the P.Ws. fixing 23.6.85. On 23.6.85 the accused remained absent and filed a petition for time. The Court Sub-inspector also prayed for issuance of warrant on the witnesses and the learned M......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85...Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....ate. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......r any part of his property, or (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court, the court may direct the defendant, within a time to be fixed by it, cither to furnish security in such sum as may be specified in the order, t......d Advocate upon the defendant company at Japan requesting them to pay the plaintiff a sum of Tk.24, 56,828/00 but having failed to obtain any the plaintiff is constrained to file the Money Suit for recovery of the said amount. 10. As the defendant company has no other properties movable or immo......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....de and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......lu and to vindicate his prestige appellant Dablu has been falsely implicated in this case and that confessional statement was extorted by torture and that the occurrence did not take place at the time and place alleged by the prosecution. 7. The prosecution side examined 16 witnesses includin...... nature, Law requires that confession should not only be voluntary but it must also be true. Facts revealed in confession substantially corroborates prosecution story and it is also corroborated by recovery. 29. The dagger used in causing fatal injury to the victim Sajeda Khatun was recovered b......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....am J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......hort facts giving rise to this Rule are as follows:- The petitioner instituted on 12.7.86 Money Suit No.287 of 1986 against the opposite party Bank in the aforesaid Commercial Court No.1 Dhaka for recovery of a sum of Tk. 5,15,169.00 which was lying in deposit in the petitioner's C.D.A/C No.765 a......bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...Category: Civil Law | Date: | Hits: 88
....any Ltd…………………………….Petitioner
Vs
Habib Oil Mills (BD) Ltd....…………….Opposite Party
Judgment
July 30, 2001.
Lawyers Involved:
Mainul Hosein, Barrister-at-Law with Manjur Kadir and Md. Shamim ul-Alam, Advocates—For the Petitioner.
Dr. M. Zahir wit......ting excess payment though the petitioner paid the bills from February 1994, to November 1994 with objection. The Gas Company from December, 1995 started submitting gas bills more than double and sometime triple than the actual meter reading. When asked for the reasons the Gas Company told that they......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
..
Category: Civil Law | Date: | Hits: 115
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....) 70; Ahmed Silk Mills Ltd. vs. Bangladesh Shilpa Bank, 42 DLR 140; Iftekhar Afzal vs. Pubali Bank Ltd. and others, 6 BLT (HCD) 166 & 38 DLR (AD) 70. Lawyers Involved: M Ziaul Hassan, Advocate—For the Petitioner. MA Samad with MGH Ruhullah, Advocates—For the Opposite Parties. Ci......aintiff has further stated that the plaintiff company opened a CC Account No. 21 with the defendant-opposite party No. 2 subject to the condition that the defendant- opposite parties will extend from time to time credit facilities to the plaintiff-petitioner for their working capital import export c......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ..Category: Civil Law | Date: | Hits: 73
....thers……Opposite Parties
Judgment
November 6, 2001.
Cases Referred To-
Md. Yousuf vs Alhaj G P Mollah and Co. 1987 BLD 77; Tofazzal Hossain Akon vs. Sekeluddin Akon, 1954 PLR 599, State of Bombay vs. Adamjee Hajee Dawood and Co., AIR 1951 Calcutta 147; Serajuddin and Co. vs. Michae......hael Golodetz, AIR 1960 Calcutta 47; Pratambull Rameshwar vs. K Sethia Ltd. AIR 1960 Calcutta 702; Probity Shipping Corporation and another vs. StateTrading Corporation of India (1980-81) 85 CWN 268, times Orient Transport Co. vs. Jaya Bharat C & J Co., AIR 1987 (SC) 2289; Mecca Mills vs. Bangla......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....2002. Cases Referred To- Rafiqul Islam and another Vs. Abul Kalam and others, 42 DLR 19; Abdul Mannan Sikder Vs. Motilal Dhupi, 50 DLR 403. Lawyers Involved: M Qumrul Haque Siddique, Advocate‑ For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 ......ce in setting aside the said dismissal order, in exercise of his power under section 151 of the Code. He further submits that in not making the prayer for restoration of the miscellaneous case within time from its dismissal, the prayer of the pre‑emptees opposite party Nos. 1 and 2 has become barr......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....amp; ors……….Respondents Judgment August 9, 2001. Case Referred to- Gakul Chanda Dwarkadas Morarka Vs. King, AIR (1948)(PC) 82. Lawyers Involved: Md. Shamim‑ul‑Alam, Advocate‑For the Petitioner Md. Zahurul Islam Mukul, Assistant Attorney General ‑ For the Respon......uired to complete the work within one month from the receipt of the work order. Since respondent No. 6 failed to execute the aforesaid work as per the contract specification and within the stipulated time the petitioner by letters dated 9‑7‑99, 16‑8‑99 and 22‑9‑99 asked him to complete t......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..Category: Anti-Corruption Laws | Date: | Hits: 138
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Abu Sayeed Ahammed J Md. Ali Asgar Khan J Mirza Anwarul Islam alias Tanu……………..Petitioner Vs. State………………………………………Respondent Judgment October 28, 1999. Law......lication made by the telegraph authority in this behalf, be recovered from such person, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the telegraph authority may further direct that any message, or postal a...... section 386(1) of the Code of Criminal Procedure, which reads as follows: ‘386. (1) Whenever an offender has been sentenced to pay a fine, the court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may— (a) issue......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..Category: Criminal Law | Date: | Hits: 37
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