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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. ......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. ......-o-Shishu Nirjatan Daman Tribunal, Barguna before taking cognisance transmitted the case to Druto Bichar Tribunal Barisal who took cognisance of the offence under Ain, 2000 and tried the case without jurisdiction. Mr. Huq lastly submits that the case should he sent hack for fresh trial after taking ..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. ......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)
.... 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. ...... 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. ...... 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)
....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. ...... the case and subsequent proceedings thereof and he 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......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)
.... complainant that the land of the project was under water; that the complainant in good faith paid Taka 25,000 only on 24-7-1979 to the accused and also paid Taka 1,375 only on 12-12-1979 and thus in total he paid Taka 26,375 only. The accused getting the money issued two separate receipts of the mo......ution must show that the accused had criminal intention. Such a dishonest intention cannot only be inferred but it must be proved by facts and circumstances of the case and evidence on record. In the absence of such proof, the accused cannot be charged with cheating. Criminal prosecution would howev......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)
....e said amendment, Rule 4(a) provided for paid up capital in respect of the insurance companies which read as follows: 4A. Paid-up capital of an insurance Company and share holding.- (1) 50% of the total paid up capital shall be contributed by the sponsors and the remaining 50% shall be open for p......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)
.... 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. ......nd disposed of by the Election Tribunal, Golapgonj, Sylhet by his judgment and order dated 22.9.88 rejecting the prayer for temporary injunction on the sole ground that the Election Tribunal had no jurisdiction to grant the injunction prayed for. 3. Being aggrieved by this order rejecting the p..Category: Election Law | Date: | Hits: 100
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. ...... confessional statement. So far as the evidence of P.W.2, P.W.4 and P.W. 6 as to his identification at the test identification parade the prosecution can not take advantage of their evidence in the absence of the evidence of the officer who conducted the test identification parade. The learned Ses......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
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......he appellant preferred this appeal. Mr. Rafiqur Rahman, the learned Advocate appearing for the appellant submits that the prosecution already examined some of the prosecution witnesses in the absence of the appellant when he was absconding and immediately after his arrest and before close ......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30...Category: Criminal Law | Date: | Hits: 35
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.......t the petitioner before this Court, had already filed a suit for a declaration of his title in the suit property where this lady has been made a party and any decree passed in the instant suit in his absence would not be binding upon him but the decree passed in the pending suit, filed by the peti......e of Amal Kumar Moitra Vs. Mashiur Rahman, the Supreme Court of Bangladesh had occasion to examine a similar matter reported in 30 DLR (SC) 244. It was held therein by their Lordships that Revisional jurisdiction under section 115 of the Code of Civil Procedure is meant primarily for correcting er..Category: Property Law | Date: | Hits: 39
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.......ul Hakim, J. observed: "The law is clear that where an accused person is charged with an offence for which it might have been charged in respect of single act or series of acts, then, subject to absence of prejudice the accused may be convicted of the offence which he is shown to have committ......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
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
.... Code against him to which the petitioner pleaded not guilty. 3. The prosecution examined witnesses but defence examined no one. From the trend of cross examination it appears that the petitioner totally denied the transaction as alleged by the complainant. The learned Magistrate, however, on co......ourt. 5. Mr. Moqbul Ahmed the learned Advocate for the petitioner submitted that the petitioner being a partner of the opposite party No. 1 in the business of purchase and sale of paddy, there is absence of ingredients of the offence under section 406 of the Penal Code. He submitted that from th...... liability arising out of business transaction is of civil nature and as such there can be no criminal liability under this section. His last submission was that both the Courts below acted without jurisdiction in directing payment of the entire money due to the complainant. 6. Mr. Abdul Momen ..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. ......, 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 case as an ordinary criminal case under the Criminal Procedure Code and as such the order of conviction and sentence passed by the learned Sessions Judge against the appellant is void and without jurisdiction. 8. In view of the case made out in the F.I.R. and the evidence of the P.Ws. that th..Category: Criminal Law | Date: | Hits: 35
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.......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....... 46 of Order 21 C.P.C. by the Calcutta High Court and that consequently the said rules 46A-46H of Order 21 were treated to be the existing law of the then East Bengal (later East Pakistan) within the jurisdiction of the then High Court of Dacca under the relevant laws made on the eve of independence..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31...Category: Criminal Law | Date: | Hits: 74
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.......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.......erest in the disputed land ever accrued to the plaintiff simply because he had paid a portion of the salami or for this name was entered into the Rent-Roil; that the Board of Revenue acted within its jurisdiction in not accepting the proposal for the settlement of the disputed land with the appellan..Category: Property Law | Date: | Hits: 36
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eturn to Bangladesh his client contacted him. 19. Mr. Fakir Abdul Mannan, learned Advocate for the plaintiff-respondents has rightly contended that the time between 7.9.80 to 27.9.80 has been left totally unexplained and there is no reason why the delay during the period should at all be condoned...... case. The learned Subordinate Judge has found from the mere fact of the appellant's stay abroad that he was prevented by sufficient cause from appearing when the suit was called on for hearing. Mere absence from the country in the facts and circumstances of the case does not amount to a sufficient ......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)
....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. ......defendant, the ex parte hearing was concluded .but the judgment was reserved. The appellant prayed for setting aside the ex parte orders and decree, by way of preferring an application, which, in the absence of a nomenclature, was presumed to be an application under Order 9, rule 7 (in the two suits...... on 3.5.83 the Court fixed 20.6.83 for written statement "in default for ex parte disposal" it was in fact setting the suit for hearing in default of the written statement. On 3.5.83 the Court had no jurisdiction to set the suit for ex parte hearing and the hearing that followed, if there was any, w..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. ......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)
....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. ......came the property of the Government Bangladesh and had vested with its Forest Department. It is further observed that taking in to consideration the provision of section 23 of the Customs Act, in the absence of any exemption from payment of customs duties under section 19 of the Customs Act, if anyo......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
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