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Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....Ain, 2000 (amended 2003), now pending in the Court of learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria, rejecting the application for bail of the accused appellant. 2. The fact relevant for disposal of the appeal, in short, is that one Md. Kamrul Bhuiyan being informant lodged......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......wyers Involved: Sk Muhammad Serajul Islam, Advocate - For the Accused Appellant. KM Zahid Sarwar, Deputy Attorney-General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney-General and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 o......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......or, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700043 India. 2. Central Inland Water Transport Corporation Ltd., T. T. Sheds, 6, Garden Reach road, Calcutta 700043 India, owne......use C & D OR and SRCC Clause. The plaintiff while anxiously waiting for arrival of the goods under the aforesaid L/C, neither received within reasonable period any information of shipment nor any documents showing shipments of the goods either from the supplier, the defendant No. 6 or from the d..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
....ty. 5. With respect, both these findings of the High Court Division, are wrong. 6. On it own showing, Gemcon Ltd. Manufactures SPC electric poles with cement, sand, stone and iron. The relevant portion of the letter dated 9-11-1993, within by the respondent No.1 reads as follows (Anne...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......(Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J National Board of Revenue and others…………..............Appellants Vs. Lt. Col. Kazi Shahi...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... Commissioners, Md. Saber Hossain had verified the stock on 30.6.1989 and Dilip Kumar Bhadra verified on 30.6.1990. 16. P.W.8 Md. Eunus Mia, Successor-in-office to the appellant stated that at the relevant time he was not at Naoapara godown and knew nothing of the alleged misappropriation. 17.......91. The above mentioned exhibit-10 shows loading and unloading from 25.1.1991 as a routine official work. P.W.5 Md. Ilias, who was District Food Controller at the relevant time, stated that he seized papers and documents, wherein it was mentioned that the shortage was made in 1987-88. Since the appe......General-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convict......ted that he had inquired the case in preliminary stage and submitted a report to the District Anti-Corruption Officer, Habiganj. In course of inquiry he seized the books of inspection, and some other documents. In cross-examination he stated that Mirza Monwar Hossain was in charge of the godown from..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ......me other reasons. He next submits that the petitioners were shown as guarantors of a defaulting borrower but not as defaulting borrowers. He further submits that the petitioners failed to produce any papers showing that their prayer for loan was any refused by any bank as they were shown as defaulti.......- I agree. This Case is also Reported in: ......fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
.... and sentencing them thereunder to suffer rigorous imprisonment for ten years with a fine of Taka five thousand for each in default to suffer rigorous imprisonment for another one year. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Rokeya Begum (P.W.1) lodged an......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......gree. This Case is also Reported in: ......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....titioner's filling station is malafide. 5. Mr. Sayyid Shahid Hussain, learned counsel appearing for the petitioner, has taken us to the writ petition particularly the prayer made therein, the relevant documents annexed with the petition and argued that in the absence of issuance of letter o......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ndra Kumar Sinha J Madam Justice Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Padma Oil Company Limited.............Petitioner Vs. Md. Abdus Samad and others………….......Respondents Judgment 7 April, 2011. Result: This ......s filling station is malafide. 5. Mr. Sayyid Shahid Hussain, learned counsel appearing for the petitioner, has taken us to the writ petition particularly the prayer made therein, the relevant documents annexed with the petition and argued that in the absence of issuance of letter of indent ..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......nd down the lower Court records. Ed. This Case is also Reported in: ......etting no result were constrained to institute the suit. Their predecessors-in-interest had never transferred the suit land to the said Meher Mondal, and the deeds in question were forged and created documents. 3. Opposite party Nos.1-7 as defendants Nos.6-12 entered appearance and contested the ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J ATM Qamruzzaman Khan................Appellant Vs. State and another.........................Respondents Judgment March 29, 2011. ......d Officer- 1 as P.W.4 in his examination-in-chief stated that on 2-9-2007 at about 2 PM investigation officer of the present case came to the Authorized Officer room No. 4 and seized some documents and he was present over there and he signed the seizure list accordingly. He proved the se..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....eal may be allowed. 4. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 5. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 6. On ......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......e allowed. 4. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 5. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 6. On perusal o..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....ave also carefully gone through the Reference application and the different Annexures thereto. For proper answer of the questions formulated in this reference it would be profitable to go through the relevant provisions of the Ordinance on this behalf. Section 52 BBB states:— "The Ch......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......;s Cirle-15/Taxes Zone-05/2008-2009. 2. Facts leading to the filing of this Reference Application, in short, are that the applicant is engaged in share trading business as a limited company and a regular tax payee. Under section 53BBB of the Ordinance as a regular payee he paid tax at the ......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... in different form. This is the 2nd round legal fight upon the self same subject matter and upon common issues which have already been decided finally. The learned joint District judge, framed some irrelevant issues. The subject matter of the suit has already been decided by the Appellate Divis......execute and register kabala deed in favour of the defendant appellant. It further shows from the record of execution case No.20 of 1985 that the said, court directed the decree holder to put in stamp papers for writing a kabala deed and stamp papers were duly supplied on 18-1-1992. The kabala was wr......is also Reported in: 65 DLR (HCD) (2013) 543 ......and 2 had authority to withdraw money from HRC Case No. 224 of 1983? 5) Whether the plaintiff is entitled to get a decree as prayed for? 6. Both the parties examined witness and their documents were admitted into evidence. 7. The learned Subordinate Judge by the impugned judgmen..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......and and the defendants could not acquire any title in the suit land from Bazler Rahman. 11. The appellate Court, on examination of the plaintiff’s kabala -the exhihit-2 detected that the stamp papers of that kabala were purchased in the names of Ridhya Sundari of village-Ahmedpur and Badiul A......Division (Civil) Present: Md. Mozammel Hassain J Surendra Kumar Sinha J Wahhab Miah J Nazmun Ara Sultana J Syed Mahhmud Hossain J Maulana Mohammad Shamsul Huq and others........................Petitioners Vs. Abu Taher and others………………………......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....ous Appeal No.38 of 1995 affirming those dated 17.9.1995 passed by the Senior Assistant Judge, Debhata, Satkhira in Miscellaneous Case No.16 of 1995 allowing the said case for preemption. 2. Facts relevant for disposal of the Rule are that Opposite Party No.1, Md. Yousuf Ali filed Miscellaneous C......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ...... ......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....hat he did not find any injury on the left elbow. 22. As mentioned earlier, defence produced two witnesses (D.Ws.) in support of accused Alia -who mainly deposed that Alia was not present at the relevant time at the place of occurrence. 23. Mr. Khandoker Mahbub Hossain, the learned senior ......sed including the Appellants were examined under section 342 of the Code of Criminal Procedure to which the Appellants and others pleaded not guilty, but the Appellant Chunnu submitted some papers, namely national certificates issued by the Syedpur Union Parishad Chairman and accused Alia ......smissed. Code of Criminal Procedure, 1898; Section 164(3) The appellant should not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the particip......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
.... is liable to be set aside. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 4. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 5. Consi......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......se No. 3 dated 04.07.2009 under section 25B(2) of the Special Powers Act, rejecting the prayer for bail of the appellant. 2. 435 bottles of phensedyl was alleged to be recovered from a private Car and the appellant was arrested there from considering him as a driver of the car, accordingly an FIR......e to be set aside. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 4. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 5. Considering th..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....্রারে উহা ক্রম অনুসারে অন্তর্ভুক্ত করিতে হইবে। 7. The above quoted sub-section (1) of section 6 has stated that the relevant provisions of the Code of Civil Procedure will be applicable to the proceedings of adjudi......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......ate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the High Court Division in Writ Petition No.8731 of 2008.) J......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......ase reported in 32 DLR 168 and 43 DLR (AD) 82. Thus, he prayed for discharging the Rule. 9. I have heard the learned Advocates of both the sides, perused the impugned Judgment of the Courts below, papers and documents as available in the records. In the instant case it appears that the Money Suit......l Hoque J.- On an application under Section 115 of the Code of Civil Procedure by the petitioner the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 18-2-1999 passed by the Subordinate Judge, 2nd Court, Manikganj in Miscellaneous App......d in 32 DLR 168 and 43 DLR (AD) 82. Thus, he prayed for discharging the Rule. 9. I have heard the learned Advocates of both the sides, perused the impugned Judgment of the Courts below, papers and documents as available in the records. In the instant case it appears that the Money Suit No.4 of 19..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....of as required by law, he has no legal right to challenge the impugned orders. 32. He further submits that each of the Government functionaries is to perform its functions in accordance with the relevant law, but in spite of repeated objection raised by Bangladesh Bank as evident from its repor......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ...... This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......r instrument, upon the Establishment of the Bank, the Grameen Bank Project ceased to exist and all assets, rights, powers, authorities and privileges and all properties movable and immovable, and all documents of whatever nature relating thereto, of the project are stood transferred to, and vested i..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
.... bail. 6. The learned Assistant Attorney General appearing for the respondent opposes the prayer for bail. 7. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the application for bail and the impugned order. 8. In view of th......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ....... After investigation police submitted a charge sheet on 17.1.2008 against the appellant under section 7 of the Nari-OShishu Nirjatan Daman Ain, 2000. 4. The appellant was arrested on 4.11.2007 and since his prayer for bail was rejected by the impugned order. He then preferred the instant appe...... 6. The learned Assistant Attorney General appearing for the respondent opposes the prayer for bail. 7. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the application for bail and the impugned order. 8. In view of the submiss..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
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