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

....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. ......he State. Criminal Rule No. 175(R) of 2005. Judgment Siddiqur Rahman Miah J.- This Rule has arisen out of an appeal filed under section 10 of the Criminal Law Amendment Act, 1958 for condonation of delay of 4132 days in filing the appeal which is directed against the judgment an......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. ......kman Patwary and others 1994 BLD (AD) 155 = 46 DLR (AD) 163; Md Abdul Motaleb Mia vs State 7 MLR 458 = 7 BLC 644; Abul Hossain vs State 1 BLC (AD) 40; Hakim Rai vs State AIR 1957 (Punjab) 134. Lawyers involved: AS Md. Abdul Mobin with Shafquat Hossain, Advocates—For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 31

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

....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. ...... passed by the learned Metropolitan Magistrate in Petition Case No. 1245 of 1996 who convicted the accused petitioner under section 420 of the Penal Code, sentencing him to suffer simple imprisonment for 1(one) year and to pay a fine of Taka 10,000 in default to suffer simple imprisonment for 6(six)......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. ......��…………………………………….Petitioner Vs. State…………………………………………………..Opposite Party Judgment August 31, 2005. Lawyers involved: Maqbul Ahmed, Advocate — For the Petitioner. Shamim Ara Dora, Assi..

Category: Criminal Law | Date: | Hits: 41

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....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. ......cate—For the Petitioner. AR Yousuf Advocate—For the Respondent. Matter No. 61 of 1994. Judgment Mainur Reza Chowdhury J.- This is an application under section 38 of the Companies Act for rectification of the share register of respondent No.1 Company namely, Green Delta Insurance Com......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. ...... 1957(Orissa) 203; B Choukhani Vs. Western Indian Theatres Ltd. AIR 1957; Bajaj Auto Ltd. Vs. N K Firodia AIR 1971(SC) p-321; Halgh Vs. Arderna Cinemas Ltd. 1951 C. 286; (1950) 2 All FR 1120 (CA). Lawyers Involved: Salahuddin Ahmed, Advocate—For the Petitioner. AR Yousuf Advocate—For t..

Category: Company Law | Date: | Hits: 181

Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)

.... 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. ......n the Election Tribunal constituted under Ordinance 51 of 1983 issue an order of injunction either under Order 39, rule 1 or section 151 of the Civil Procedure Code? This is the main question before this court in this rule. Other questions that incidentally arise are whether this court can i...... 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. ......) 172, 37 DLR 71, 38 DLR (AD), 172, 38 DLR (HC) 41, 38 DLR 262, 38 DLR (HC) 435, 31 DLR 119, 29 DLR (HC) 111 & 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,..

Category: Election Law | Date: | Hits: 100

Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

....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....... Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Judge, Kushtia convicting the appellant No. 1 Momin Malitha under section 302 of the Penal Code and sentencing him to transportation for life and Appellant No. 2 Babu @ Badaruddin Malitha under section 323 of the Penal Code and sente......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........Respondent Judgment April 24, 1988 Cases Referred to- 1987 BLD (AD) 265, 1985 B.C.R. (AD) 315, AIR 1936 (Rangoon) 526 & AIR 1934 (Lah.) 345, 1987 BLD (AD) 165, 1985 B.C.R. (AD) 315. Lawyers Involved: Md. Abdur Rahim with Hasan Foez Siddique Advocates— For the Appellants. A...

Category: Criminal Law | Date: | Hits: 52

Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)

....et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......hat Mr. Lasker Abu Kalam, Additional District Magistrate, Dhaka passed the order dated 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of the Special Powers Act for 30 days from the date of service. The said notice undoubtedly was served on the detenu in the Dh......et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35....... Amin Chowdhury J Monowara Begum................................Petitioner Vs. Secretary, Ministry of Home Affairs.............................Opposite Party Judgment August 2, 1988 Lawyers Involved: MM Hyder Ali, Advocate— For the Petitioner. A.K.M. Shamsul Karim, Advocat..

Category: Criminal Law | Date: | Hits: 29

Amir Hossain Vs. State, 1988, 17 CLC (HCD)

....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. ......r of conviction and sentence passed by the learned Sessions Judge, Patuakhali convicting them under section 395/397 of the Penal Code and sentencing them there under to suffer rigorous imprisonment for 7 years each by his judgment dated 21-4-85 in Sessions Case No. 105 of 1983. 2. The prosecuti......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. ...... Mohammad Ismailuddin Sarker J DM Ansaruddin Ahmed J Amir Hossain…………….. Appellant Vs. State.................................... Respondent Judgment December 11, 1988. Lawyers Involved: P.C. Guha with A.K.M. Zahirul Huq, Advocates— For appellants. Obaidur Ra..

Category: Criminal Law | Date: | Hits: 51

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......ll pending in the court. 2. Facts leading to this, in short, are that opposite party Mst. Shamsun Nessa Begum as the plaintiff instituted a suit being Title Suit No. 183 of 1986 on 17-8-86 before the Assistant Judge, 6th Court, Dhaka for a declaration against defendant Nos. 1 and 2 namely, ......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......titioner Vs. Mrs. Shamsun Nessa Begum & ors.................Opposite Party Judgment November 28, 1988 Case Referred to- Amal Kumar Moitra Vs. Mashiur Rahman, 30 DLR (SC) 244. Lawyers Involved: Abdul Aziz Chowdhury, Advocate— For Petitioner. M. G. Bhuiyan, Advocate�..

Category: Property Law | Date: | Hits: 39

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

.... 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.......h Reference No. 3 of 1987. Judgment Muhammad Ansar Ali J. — This is a Reference under section 374 of the Code of Criminal Procedure by Mr. Kamal Uddin Mian, Additional Sessions Judge, Bogra for confirmation of the sentence of death of the condemned-prisoner Badsha Mollah passed on him on...... 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.......8, 1988. Cases Referred to- 6 DLR 246, 1985 BLD (AD) 301, 1985 BLD (HCD) 129, AIR 1952 (SC) 343, AIR 1976 (SC) 917, 1979 (SC) 190, AIR 1984 (SC) 1622, AIR 1976 (SC) 557, AIR 1953 (SC) 468. Lawyers Involved: Sultan Ahmed, Deputy Attorney-General with Sajjad Ali Chowdhury, Advocate — ..

Category: Criminal Law | Date: | Hits: 42

Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)

....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.......nal Revision No. 1 of 1987 Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of conviction and sentence passed under section 381 of the Penal Code. 2. The informant Nazrul Islam lodged a First Information Report on 2.4.1984 with the Kotwali Police Station o......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.......i Gopal Biswas Vs. Municipality of Howrah, 1958 (SC) 141, Begu Vs. Emperor, 1925 (PC) 130, J.D. Sharma Vs. The State of Uttar Pradesh, AIR 1960 (SC) 400, Rampat Roy Vs. The State, AIR1960 All 380. Lawyers Involved: Not represented — the Petitioner. Mostafa Kamal Pasha, Advocate — For th..

Category: Criminal Law | Date: | Hits: 26

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......fferent places and sell the same at Chittagong; on 15th Bhadra the complainant purchased 500 mds. of paddy from one Hajee Mozaffar Ahmed Chowdhury on credit and handed over the same to the petitioner for sale at Chittagong. The petitioner sold the same at Chittagong but did not pay the sale proceeds......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ...... Vs. Kabir Ahmed........................Opposite Party Judgment February 4, 1988. Case Referred to- Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD) 14. Lawyers Involved: Mokbul Ahmed, Advocate — For the petitioner. Abdul Momen Chowdhury, Advoc..

Category: Criminal Law | Date: | Hits: 37

State Vs. Khalilur Raman, 1998, 17 CLC (HCD)

...., 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. ......er and disposed of by this judgment. 2. The prosecution case is that at about 3 P.M. on 12.9.84 the accused appellant Khalilur Rahman 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.4......, 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. ...... High Court Division (Criminal) Present: Nurul Huq Bhuiya J Md. Badruzzaman J State...........Appellant Vs. Khalilur Raman...........Respondent Judgment August 25, 1988 Lawyers Involved: M. Shamsul Alam Deputy Attorney General with A.K.M. Zahirul Huq and Md. Abdur R..

Category: Criminal Law | Date: | Hits: 35

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......rs are directors of Kaswa Shipping Lines Ltd., a private limited company carrying on the business of water transport. The said company has been made accused No.1 in the petition of complaint and the aforesaid petitioners are accused Nos. 2, 3, and 4 therein. In Criminal Revision 244 of 1984 the peti......he coasters. The learned Advocate also sought to contend that the BSRS was itself at fault for non-completion of the project and it did not itself act up to the recommendations made by a high powered Martial Law Investigation Committee which was set up to inquire into the incomplete projects such as......te 3. Kaswa Shipping Lines Ltd. 4. Shamsul Alam, 5. Anowarul Aziz, 6. Mrs. Mahuba Hossain, 7. Bangladesh Ship Building Industries Ltd…………….Opposite- Parties. Judgment July 3, 1985. Lawyers Involved: Khan Saifur Rahman, Advocate with M. Khalilur Rahman, Advocate - For Petitioner..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

....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.......nt No.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 defend......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.......d. Habibur Rahman J Qazi Shafiuddin J Bangladesh Shipping Corporation ......................Appellant Vs. Rafique Ahmed .....................Respondent Judgment April 28, 1987. Lawyers Involved: Ahsanul Kabir, Advocate - For the appellant. A.K.M. Shafiqur Rahman with Mo..

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......Subordinate Judge, 2nd Court, Chittagong in other Appeal No. 175 of 1966 reversing those dated 31.3.66 passed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a ......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26....... Ali Ahmed………………………….Respondent. Judgment August 13, 1986. Case Referred to- Sree-Durga Charan Chunder Vs. Kharda Co. Ltd. 20 Cat. WN 254 - (AI.R. 1916 Cal: 367). Lawyers Involved: Ahsanul Kabir, Advocate - For the appellant Nos. 1-3. M. Fazlul Karim, Advoc..

Category: Property Law | Date: | Hits: 29

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....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.......l in title Appeal No. 89 of 1964 reversing those of dated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint an......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.......lek Khan...................................................Appellant Vs. Government of Bangladesh .................................................Respondent Judgement April 10, 1986. Lawyers Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney..

Category: Property Law | Date: | Hits: 36

Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)

.... 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....... a cultivator and an honest and innocent person living on cultivation. On 24.1.87 the Kotwali Police arrested the detenu along with 9 others under section 54 of the Code of Criminal Procedure and was forwarded to the court of Magistrate with a prayer to remand them to custody till the receipt of the...... 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.......la, Superintendent of Police, District Special Branch, Comilla. 4. Inspector-General of Prisons, Government of Bangladesh. Dhaka...............Opposite-Parties. Judgment October 25, 1987. Lawyers Involved: Mahfuzur Rahman - For the petitioners. A. K. M. Shamsul Karim, Assistant Att..

Category: Criminal Law | Date: | Hits: 40

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

....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. ...... by the learned Subordinate Judge, 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 ......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. ......atories Ltd........................................................Petitioner. Vs. Pubali Bank and Ors……………………………………….OppParties. Judgment August 3, 1987. Lawyers Involved: Syed Ishtiaq Ahmed with Ozair Farooq, Advocates - For the Petitioner. Dr. Ka..

Category: Civil Law | Date: | Hits: 83

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....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. ......ho is respondent No.5 here withdraw 1/4th of the deposited amount from the appellant bank. 2. The short fact leading to this appeal is that, the plaintiffs who are respondents here instituted the aforesaid suit praying for a declaration that they are entitled to 3/4th amount of money now being ke......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. ...... S K Panikar Vs. Travancore National and Quilon Bank Ltd 1942 (Madras) 351; Dalavai Nagarajamma Vs. State Bank of India, AIR 1962 (Andhra) 260; Guran Ditta and another Vs. T Ram Ditta, 32 CWN 817. Lawyers Involved: Rokanuddin Mahmud with SH Md. Nurul Huda Jaigirdar, Advocates—For Respondent..

Category: Banking Law | Date: | Hits: 122

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....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. ......ul Amin Choudhury J.- This appeal is directed against judgment and decree passed by Artha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka 14, 05, 75,934.28 paisa with interest. 2. The short fact leading to this appeal......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. ......hury J Bijan Kumar Das J Habib Bank Limited………………….Appellant Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. Lawyers Involved: Syed Ishtiaq Ahmed with Sayyid Shahid Hossain, Advocates—For the Appellant. ..

Category: Banking Law | Date: | Hits: 136

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