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Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....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. ......n dissatisfied with the opposite party No. 1, requested Meghna Petroleum to execute a new tenancy agreement with him for 1/4 his share of the suit land and thereafter also served a notice through his lawyer after expiry of tenancy agreement dated 31-10-1990 and, in fact, no tenancy agreement was e..Category: Property Law | Date: | Hits: 42
.... 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.
......order No.36 dated 1-1-2006 passed by the respondent No. 1, the learned Additional District Judge, 1st Court, Dhaka in Artha Rin Appeal No. 1 of 2003 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to ac..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... 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.......ized from the place of occurrence which caste serious doubt upon prosecution case. He added that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required under law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice..Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....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. ......icial Gazette can transfer the case from the Court of Sessions or Bishes Adalat or Magistrate to Druto Bichar Tribunal for trial. He adds that the Tribunal can only try the case but not authorised by law to take cognisance of the offence prescribed under Ain, 2000. He submits that the Nari-o-Shishu ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....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. ......sed appellant but the learned Judge of the Bishes Adalat most illegally, relying on the perfunctory confessional statement of this appellant, passed the impugned Judgment which cannot be sustained in law. 14. Thirdly, the learned Advocate submits that according to the evidence and materials o..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... 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. ......osition of the witnesses and other materials on record as well as the impugned judgment. He thereafter, submits that the accused appellant has wrongly been implicated in various sections of concerned law but the prosecution had miserably failed to prove those charges. He submits that the impugned ju..Category: Criminal Law | Date: | Hits: 40
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. ...... had also no knowledge or notice about any stage of the case and the submission of charge-sheet. It is further stated that the trial was held in his absence in violation of the mandatory provision of law suppressing summons and other notices holding the trial in absentia. He further submits that kno..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. ......the accused person under sections 406/420 of the Penal Code on 1-10-1996 and the charges were read over and explained to the accused person who pleaded not guilty and claimed to be tried according to law. 4. The prosecution has examined 4 (four) witnesses while the defence examined none. ..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. ......th the request contained in the said legal notice, the board replied by letter dated 29-12-1993 refusing to register the transfer without assigning any reasons for the refusal. The company thought it lawyer also replied to the legal notice on 1-1-1994 stating that the board had acted in exercise of ..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. ......hat of an ordinary Civil Court being constituted by Munsifs and empowered to decide Election disputes relating to right to office, after taking evidence and hearing arguments, both on facts and law, are definitely exercising judicial powers, and not administrative power though it may be that..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.......yond reasonable doubt and hence he is entitled to benefit of doubt and the impugned order of conviction and sentence under section 323 of the Penal Code against this appellant can not be sustained in law and the same is liable to be set aside. 14. Now, let us examine the propriety and legality ..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....... forged signature and seal, that Dhaka Cantonment Case 10 dated 13.12.87 under sections 435/468/471 has been instituted against the detenu and that the activities of the detenu are prejudicial to law and order and to the public interest. 4. Thereafter the Senior Assistant Secretary, Ministr..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. ...... the T.I. Parade the evidence of the identifying witnesses in the Test Identification Parade cannot be relied upon his conviction under sections 395/397 of the Penal Code can not also be sustained in law. 13. So far as accused appellant Rustom Ali is concerned the learned Sessions Judge has right..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.......ted by the Vested Property Authority namely defendant Nos. 1 and 2. At the end of the proceedings, 9.7.88 was fixed for argument and the court having heard the arguments advanced by the learned lawyer appearing for the respective parties fixed 16.7.88 for judgment. On that day in the evening..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....... submits that in fact, it is a case of no evidence and admittedly there is no eye-witness to the alleged occurrence. He further submits that the learned Additional Sessions Judge seriously erred in law in passing the impugned judgment and order of conviction and sentence merely on surmises and c..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.......n the facts, which can be proved as to which of the several offences the facts will constitute. The provision of Section 237 is attracted to a case where there are doubts both about the facts and the law. When a Court entertains a doubt as to which of the two possible laws is to be applied to the fa..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. ...... has also observed that defence was not of partnership business but a total denial to the existence of entrustment of the paddy in question. Now it is necessary to discuss the relevant provision of law in this regard. Section 405 of the Penal Code defines criminal breach of trust and punishment ..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. ......the said Act which runs as follows :- "26. Offences under this Act and Certain other Offences to be Tried by Special Tribunals.- (1) Notwithstanding anything contained in the Code or in any other law for he time being in force, the offences specified in the Schedule to this Act shall be triable ..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.......aid amount of money misappropriated and /or converted the same to their own use and thereby they have committed offence punishable under section 420/406 of the B.P.C., and other relevant provision of law." 2. The Chief Metropolitan Magistrate examined the complainant on oath and issued summons ag..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.......the judgment-debtor in respect of this matter, i.e. satisfaction of the decree passed against the judgment-debtor, that subsequently by ill advice in order to harass the decree-holder and by changing lawyer by fresh power with malafide motive and for illegal the petition was filed with false stateme..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
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