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Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

....Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......n-registered deed dated 19-6-1948, the appellate Court opined that the plaintiff is the elder sister of the defendant No. 1; that the plaintiff was given many moveable and immovable properties at the time of her marriage, that the plaintiff did not file the suit which was actually filed forging ammu...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....rt's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......idah. By his order dated 22-1-2001, upon taking evidence and after hearing submissions with regard to the age of the accused, the learned Sessions Judge came to a finding that the accused was at that time aged 15 years 21 days. Thereafter, he sent the case for trial to the Additional Sessions Judge,......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ...... example, where the father's squandering activities would fritter away the child's estate. In the 1790 case of Creuze vs Hunter, 2 Bro, CC, 449 Lord Thurlow, LC was of the opinion that "the Court had arms long enough ...to prevent a parent from prejudicing the health or future prospects of the child..

Category: Criminal Law | Date: | Hits: 167

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....arlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......same by money receipt on the same date; that detailed purpose of above full payment of taka 41,22,000 has been described in the 2(two) money receipts issued by the defendant Nos. 1 and 2; that at the time of payment of first instalment of Taka 20,00,000 on 12-3-1997 the plaintiff asked defen­dant N......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..

Category: Business or Commercial Law | Date: | Hits: 208

Abul Kalam Vs. State, 2005, 34 CLC (HCD)

....down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ...... and led evidence in defence. 7. The defence case, as it transpires from the trend of cross-examination, is that of innocence and false implication. It was divulged in defence that at the relevant time the accused was in his own village home at village Bajechaluhati, having heard the occurrence h......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ..

Category: Criminal Law | Date: | Hits: 40

SM Hasan Faruqi and others Vs. Controller of Examination, National University, and others, 2005, 34 CLC (HCD)

.... (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J SM Hasan Faruqi and others....................................Petitioners Vs. Controller of Examination, National University, and others………..Respondents Judgment May 4, 2005. Lawyers ...... all legal formalities. The learned Advo­cate further submits that the petitioners were debarred from appearing in the Honours Part-3 examinations for 3 years namely, 2001, 2002 and 2003 but by this time that period of punishment has already been elapsed, as such, the writ petition has become infru......e said examina­tion for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority. Ed. This Case is also Reported in: 59 DLR (2007) 58. ......e said examina­tion for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority. Ed. This Case is also Reported in: 59 DLR (2007) 58. ..

Category: Others | Date: | Hits: 72

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

....ames Finlay and Co. Ltd 26 DLR (AD) 33; Project-in-Charge, Paruma (Eastern) Ltd vs Mr Aminur Rahman Khan and another 31 DLR 124; General Manager, Jamuna Oil Co. vs Golap Rahman 34 DLR (AD)166; Abdul Sattar vs Chairman, Labour Court Chittagong and another 1 MLR 199. Lawyers involved: Md......e in all the documents of the proceedings before the Enquiry Committee and the allegations raised against the petitioner was proved and accordingly, he was dismissed from service on 15-2-1997. At the time of dismissal of the petitioner his first service record which was not clean was taken into cons......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ..

Category: Labour and Industrial Law | Date: | Hits: 108

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....gly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......onth up to July, 1991 and thereafter stopped payment to the petitioner. In the aforesaid situation the petitioner requested the respondent No. 2 to repay his entire loan amount within three months’ time. The respondent No. 2 gave written assurance for the same but did not fulfill the assurance at ......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..

Category: Company Law | Date: | Hits: 239

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....th the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......they will not be allowed to depart from the pleadings or raise any new allegation of fact inconsistent with the previous pleadings. The Court will not allow any party to blow hot and cold at the same time. In the case of Abul Kalam Azad vs. Sunhar Ali reported in 46 DLR (AD) 130 it has been observed......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..

Category: Property Law | Date: | Hits: 42

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

.... Md. Kunjo vs. Padmanasah Iyer Harihara Iyer AIR 1965; Mohan Jogani Rice and Atta Mills vs. Ram Lal Onkarmal Firm and others AIR 1957 Assam 133. Lawyers involved: AKM Asiful Hoque, Advocate—For the Petitioners. Shaheed Alam, Advocate—For Respondent No.2. AJ Mohammad A......comparison to the other two instruments as adopted by the legislature, Mr. Alam submits that the "pay order" or "Bank Draft" is to be issued by the Bank without any condition and is encashable at any time whenever it will be presented for encashment but in case of a bearer or account payee cheque, p......namely, Pubali Bank Limited, Sadarghat Branch, Dhaka, being financial institution, instituted the Title Suit No.55 of 2001 in the Artha Adalat, 3rd Court, Dhaka against the loanee, the defendant, for recovery of loan amounting to Taka 7,00,603 (Taka seven lac six hundred and three) only. Ultimately,...... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ..

Category: Civil Law | Date: | Hits: 90

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

....h Court Division (Criminal Appeal Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Nantu Mia alias Nandu Mia alias Namdu Miah and others………….Appellants Vs. State..............Respondent Judgment February 13, 2006. Lawyers involved: SM Shahjahan ......24 of the Penal Code and sentencing him to suffer rigorous imprisonment for 1 (one) year and also to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 1 (one) month more. At the time of admission of appeal a suo moto Rule was issued calling upon the appellant Raushan Ali and ap...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...

Category: Criminal Law | Date: | Hits: 44

Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)

....e with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......ia bazar, Khalilur Rahman, Shah Alam, Barek Akon, Mannan Mridha and others were witnesses of the occurrence. He added that victims did not disclose the names of accused Ripon and Habib to him. At the time of lodging first information report Jalal Chowkider was with him. He denied the suggestion that......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ..

Category: Criminal Law | Date: | Hits: 33

Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)

....shes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......rim submits that in this case no legal evidence is on record to warrant an order of conviction against the accused appellant inasmuch as none of the PWs have been able to recognise the culprit at the time of throwing acid upon the victim girl. 13. Fifthly, the learned Advocate submits that th......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..

Category: Criminal Law | Date: | Hits: 45

Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)

....ng with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......umar Das, his sister-in-law Sree Mati Durga Rani collaborated him in kidnapping the informant's daughter and took her elsewhere against her will. He stated that as his daughter did not return home in time he searched everywhere but having not found her he made a GD Entry. He stated that the house tu......d having found prima facie case against the accused Jugal Kumar Das, he submitted the charge-sheet. In cross-examination he admitted that he did not remember if any GD Entry was made or not after the recovery of the victim. He also admitted that on investigation he came to know that there was a roma...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..

Category: Criminal Law | Date: | Hits: 40

Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)

..... The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......d order dated 17-1-1994 passed by the learned Divisional Special Judge, Chittagong, the accused Eklimir Reza Khan preferred this appeal under section 10 of the Criminal Law Amendment Act, 1958 out of time by 4132 days. 6. The petitioner has filed an application under section 5 of the Limitati......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..

Category: Criminal Law | Date: | Hits: 31

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

.... Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Abul Kashem……………………………………….Petitioner Vs. State…………………………………………………..Opposite Party Judgment ...... 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. ......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)

....s. Green Delta Insurance Company Limited and another…………….Respondents Judgment August 20, 1995. Cases Referred To- Shoaib (Md) Vs. Uttara Bank Ltd and another 43 DLR 329; State Vs. Indian Chemical AIR 1957(Orissa) 203; B Choukhani Vs. Western Indian Theatres Ltd. AIR 1957;......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. ......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)

....11 & 31 DLR 119, 27 DLR 388, 38 DLR (HC) 41, 38 DLR (HC) 262, 38 DLR 435, 38 DLR (HC) 262. Lawyers Involved: Dewan AMS Zaman, Deputy Attorney General, Kibria Chowdhury and Akhlaque Rahman, Advocates — For the Peti­tioner. M.A. Mannan, Advocate — For the Opposite. Civil Revision No. ......­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 chair­man 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. ...... 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)

....) 37.......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 sen­ten......part subject to the modification with re­gard 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.......part subject to the modification with re­gard 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)

....n: 41 DLR (1989) 32. ......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 dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed 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)

....) 26. ......submitted that having re­gard 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 appel­lant 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. ......tion and sentence passed on the appel­lant 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