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State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......rosecution is that accused Badsha Mollah used to live with his wife and children in a separate 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 ...... the aforesaid two P.Ws. we have already held that they are highly interested, partisan and not truthful and reliable. Their evidence suffers from material infirmities. Besides, there has been no recovery of any knife at all in the case. So, this circumstance has not been established by the pros...... set aside. We direct that the condemned-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)
.... also Reported in: 41 DLR (1989) 7.......rovided the case is governed by section 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.......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)
....ecords be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ...... assaulted his wife Peara Begum with a balikucha (an instrument for sharpening dao) severely for nonpayment of the balance of Tk.600/00 out of the dowry 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. ......, 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)
....Reported in: 40 DLR (1988) 36.......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......o.3) and defendant No.6 Messrs. Hegge and Company (Bangladesh) Ltd., Spencer's Building, Agrabad Commercial Area, Chittagong. The learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defendant ......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)
.... Supreme Court High Court Division Rangpur Bench (Criminal) Present: Daliluddin Ahmed J BB Roy Chowdhury J Akbar Ali and others…………………..Petitioners Vs. The State.................Opposite party Judgment March 3, 1986. Lawyers Involved: Jamiruddin......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.......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)
...................................Appellant Vs. Government of Bangladesh .................................................Respondent Judgement April 10, 1986. Lawyers Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Responden......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.......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)
.... Iftekhar Ahmed Majumder.................................Petitioner Vs. 1. Govt. of People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka. 2. Senior Assistant Secretary, Ministry of Home Affairs, Bangladesh Shachibalaya, Dha......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....... 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)
....th the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ......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. ......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)
....lant Vs. Shamsuddin & Others……………………...Respondents Judgment August 17, 1987. Result: The appeal is dismissed. Case Referred to- Firm Kaura Mal Vs. Firm Mathra Dass, AIR 1959 (Punjab) 646. Lawyers Involved: Khondker Mahbubuddin Ahmed - for the appe......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. ......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)
.... costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......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......udge, 3rd Court, Dhaka accepting the written statement filed by the defendant-opposite parties in Money Suit No. 126 of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on 16.4.82 for recovery of TK. 1,50,00,000/- being the market value of the plaintiffs balance stock of goods lying ......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....it. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......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. ......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)
.... (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J Md. Iftikhar Rasool J Bashiruddin Ahmed…………………………………Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referre......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. ......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)
....Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......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. ......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)
....Tei Kiran and others Vs. M Sanjiva Reddy and others, AIR 1970 (SC) 1573; 47 DLR (AD) 111. Lawyers Involved: Moudud Ahmed with Khondker Mahbubuddin Ahmed, AM Mahbubuddin and Iyreen Mahbub Advocates- For the Petitioner. Mahmudul Islam, Attorney-General, with Mahbubey Alam, Additional Attorn......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. ......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
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....BLST)…………….Petitioner Vs. Bangladesh & others………………………………….….Respondents Judgment April 18, 1999 Cases Referred to- Bhim Singh, MLA, Vs. State of Jammu & Kashmir and others, AIR 1986 (SC) 494; Rendal Sah Vs. State of Bihar, (1983) 3 SC......eared from the newspaper report published in ‘Mukta Kantha’ dated 28-12-98. The said report mentioned about grounds of detention which are vague, indefinite and lack in material particulars as to time, place and manner preventing the detenu from making an effective representation. Besides that, ......espondent No.4 has lodged an First Information Report dated 16-12-98 being Sutrapur PS Case No.63 dated 16-12-98 under section 25B of the Special Powers Act against the detenu and others upon alleged recovery of 50 bottles of Indian Phensidyl from the possession of the detenu Zaved and the abscondin......do not take the country to the bottom of the earth by playing the ruinous game of alliance, and sharing with the well organised gang of mastans, illegal subscription-collectors, drug dealers, illegal arms-holders, black marketers, terrorists and anti-social elements who flex their muscles in naughty..Category: Criminal Law | Date: | Hits: 106
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....d. This Case is also Reported in: 53 DLR (2001) 403. ......e amount of the cheque. Then the complainant filed the present case on 9-8-2000. 3. The question raised in this Rule is whether a case can be maintained if it is filed before the expiry of 15 days time as is required to be given under proviso (c) to section 138 of the Negotiable Instruments (Amen......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....………………Opposite Party Judgment February 25, 1998. Case Referred To- Ramijan Ali Ministry Vs. Md. Hedayetullah 31 DLR (AD) 183. Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioners. M Rezaul Karim, Advocate—For the Opposite Party. Civil Revision N...... 7. Mr. M Rezaul Karim, learned Advocate appearing for the defendant-opposite party, on the other hand, submits that from Exhibit Uma-Rent receipts it shows that the rent of April, 1991 was paid in time and therefore defendant-petitioner was not a defaulter as alleged by the plaintiff-petitioner. ......ew of section 18(1) of the House Rent Control Ordinance, it can be said that notwithstanding any thing contained in the Transfer of Property Act, 1882 or the Contract Act, 1872 no order or decree for recovery of possession can be made against a tenant so long as the tenant paid rent to the full exte......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....and Others…………………… Petitioners Vs. Hosne Ara Lili…………..Opposite Party Judgment March 16, 2001. Lawyers Involved: Shafique Ahmed with Shahidul Islam, Advocates- For the Petitioners. Jamiruddin Sircar with Bazlul Ghani, Advocates- For the Opposite Party......asis of an agreement. As per terms of the agreement, the plaintiff deposited Taka 90,000 with said petitioner as security. It was stipulated, the same amount would be returned to the plaintiff at the time of vacating the suit premises. On 29-05-95 a fresh agreement was executed in between the partie......ssistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of possession of the suit shop. Plaint case, in short, is that the plaintiff took monthly l......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... Trust and others…….…….Petitioners Vs. Government of the People’s Republic of Bangladesh and others………..Respondents Judgment November 15, 2007. Cases Referred to- State of Maharashtra Vs. Alka B Hingde, AIR 1998 SC 2342; Shiv Sagar Tiwari Vs. Union of India, (1997)......or long 20 years. She adds that they have acquired a vested and legal right to be treated in accordance with law and eviction of the petitioners, without proper notice and without allowing sufficient time is arbitrary, illegal, without lawful authority and being violative of section 5 of the East Pa......ty and justice. 16. Although the petitioners have alleged that the only provision for eviction of the slum dwellers is the provision of section 5 of the East Pakistan Government Land and Building (recovery of possession) Ordinance, 1970 by serving notice asking them to vacate the premises in occu...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......n of the resolution never to repeat again and (5) the contemner made humble submission to the authority of the Court. We have already noted the different stands taken by Ershad in this matter from time to time. In the case of Shamsur Rahman Vs. Tahera Nargis, 44 DLR (AD) 237 It has been observed......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..Category: Criminal Law | Date: | Hits: 130
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