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State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ...... Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......ained................. (18) Credibility of testimony, oral and circumstantial depends considerably an a Judicial evaluation of the totality, not isolated secreting. when dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be tak..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....For Respondent Nos.1 & 3-11. Civil Petition for Leave to Appeal No.1239 of 2011. Judgment Surendra Kumar Sinha J. - Plaintiff in a suit for declaration of title, confirmation of possession and perpetual injunction moves this petition against a judgment and order of the High Co...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ...... leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......gh the process of the Court. The High Court Division in the backdrop of the matter held that the plaintiff could not claim any right or interest in the suit property since the disputed property in question was sold in auction in favour of the respondent No.1 through the process of the Court befo..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......BANGLADESH) LIMITED, Chittagong and survey was conducted by the surveyor who issued report which shows that out of total 10,000 M.T. the vessel effected delivery of 9923.924 M.T. CDSO resulting short landing of 76.076 M.T. of CDSO. The said short landing was endorsed by the customs authority at Chit......fendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......e light of the evidence led by the parties. 9. Issue No.1: The maintainability aspect of the suit. Although the issue has not been pressed by the parties so seriously, yet as the same involves question of law, it requires decision. To maintain such suits under Admiralty jurisdiction Section 3..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......sed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......resent case was started with the lodging of FIR on 17-12-2003 and after investigation police submitted report under section 173 of the Code of Criminal Procedure on 29-10-2004. So in the instant case question of holding investigation by the Durniti Daman Commission or any authorized officer of the c..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....at, suit land originally belongs to Abdul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in RS khatian. Ismail sold his interest of the suit land to Abdul Jabbar. Abdul Jabbar was in possession, became owner of the entire property of the schedule land. Abdul Jabbar died leaving two .......28 of 1984 and renumbered as Other Suit No.42 of 1991, was suit for specific performance of a contract. 2. The case of petitioner, as plaintiff, in Civil Revision No.4490 of 1995, is that, suit land originally belongs to Abdul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in ......ds. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......also considered that Taka 10,000 is to be returned inspite of anomaly in the price as the quantum of land, total price of land, mentioning of days are same and vendor and vendee are same. 11. Only question is whether heirs of Mabia Khatun executed the baina. Learned Subordinate Judge considered d..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....'s village home. In course of cross-examination, he admitted that in 1994, a road towards the western side and a bridge towards the southern side were constructed. He admitted that bharatias are in possession of the shops. He, however, stated that the bharatias came after 28th March but he failed ......ox and Abdul Malek Mollah are owners of the case holding in equal shares. There was an amicable partition between the said co-sharers. By an amicable partition Abdul Malek Mollah got 13 decimals of land of the case holding who died leaving wife, a son and two daughters. On the death of Abdul Mal...... allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ws of the trial Court on the reasonings that it had the advantage to see the demeanour of the witnesses and disposed of the issues in a slip-shod manner without reversing the findings. 7. The moot question is whether the High Court Division is justified in disturbing the findings of fact arrived ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ion for leave to appeal, in short, are: The plaintiffs filed Title Suit No.78 of 1989 in the Court of Assistant Judge, Magura against the defendants for declaration of title and recovery of possession of the suit land or in the alternative for partition. Alter contested hearing, the s......, in short, are: The plaintiffs filed Title Suit No.78 of 1989 in the Court of Assistant Judge, Magura against the defendants for declaration of title and recovery of possession of the suit land or in the alternative for partition. Alter contested hearing, the suit was decreed in term......this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ...... is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......Judge, Narayangonj wherein it would be decided as to whether the accused-petitioner issued the dishonoured cheque or not. He has lastly contended that at least the proceedings of the sessions case in question is required to be stayed till the decision of the said title suit, otherwise, the suit shal..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....of the local witnesses and took their signature on it. The convict-petitioner and other convicts could not offer any satisfactory account for keeping the alleged arms and explosive substance in their possession. Hence, the FIR was lodged against the convict-petitioner (hereinafter referred to as the...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......arged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......e Rule should be discharged. 10. We have gone through the application under section 561A of the Code of Criminal Procedure and the materials annexed thereto. 11. Before we take up the question for consideration as to whether the impugned judgment and order of conviction and sentence ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......oceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... The Appellate Division after hearing of the criminal appeal dismissed the same and thereby affirmed the decision of the High Court Division on the reasons: “… In the case of ‘revival’ the question of the Magistrate becoming functus officio may arise, but no such question can arise if a f..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....4 by this Court 's order dated 5-7-2000 and 24-3-2010. These respondents are purchasers for value from plaintiff appellate when the suit was pending before the Lower Court having claim title and possession and no stay order was operating from the lower Court as to the sale of the land/property...... বারন করিয়া ১/২ নং বিবাদীর বিরুদ্ধে অস্থায়ী নিষেধাজ্ঞা ডিক্রী হয়।” 3. The Suit land mentioned as:- তপসীল জিলা-চট্টগ্রাম, থান...... once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......ged by any parties, purchase of respondent Nos.11-14 from plaintiff appellant shall stand acquiring good title to them and possession, of respondent Nos.11-14 under such purchase cannot be questioned by anyone. 10. On considering the entire material before us as regard title of the ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......d not be set aside or pass such other or further order or orders as to this court may seem fit and proper. 2. The facts of the case, in short, are that the present applicants were the owners of a land measuring .12 acres pertaining to C.S. Plot No.122 of Mouza Brahmin Chiron under Motijheel Comm......te-For the Petitioner. K. M. Hafizul Alam, with Mahbub Shafique, Advocates-For the Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 ......ong with compensation of the said acquired land fixed by the opposite party No.4. The present opposite party No.1-3 in his application stated that the present opposite party No.4 acquired the land in question against L.A. Case No.1/85-86 for expansion of Motijheel Commercial Area, Dhaka for the pres..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......uthorities have disdainfully failed to devise appropriate, eco-friendly waste dumping arrangement. So this as about time that they ravel the net with a stentorian determination to keep our beloved land habitable, to retrieve the lost glory of Buriganga, to regain for it’s water the same transp......ear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......discretion as to the composition of the team should be left with him, believing that he is best placed to know who posses the expertise to advise on this intricate and, as we understand, technical question, to prevent pouring and throwing hellacious substances in the river. 18. We do, neve..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......fidavit-in-opposition contending, inter alia, that Petrobangla vide notification dated 17.09.2009 invited for EOI from the eligible contractors in order to get seismic contract for carrying out 2-D land seismic survey involving about 3100 Lkm data acquisition including Data Processing and Interpr......ed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... resolving the gas problem in the country. From Annexure-E it is clear that BGP (Bangladesh) International along with 7(seven) other companies were short listed, not the petitioner-company. Hence, question of submitting RFP by the petitioner does not arise at all. It has also been stated that le..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......reate different classes of share-holders having different rights attached to them. Now I shall consider whether the Articles of Association of the respondent No.1company and provisions of laws of the land applicable thereto or any other instrument, either expressly or by necessary implication, has c......nd to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......espondent Nos.2A and 2B while in Company Matter No.62 Zeyad Rahman was added as respondent No.2A. Since the subject matter of both the applications center around the same factual aspects and the same question of laws are involved, both the matters are heard together and being disposed of by this com..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......embered that the principle of Rule of Law is well established for the last few hundred years, recognised for the first time by Professor William E Hearn in his celebrated work “the Government of England' (1867) which was not only acknowledged but glorified by Professor AV Dicey in his momentous wo...... costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......th the holding of the general election of members of Parliament, rather, contained a policy decision of the Government, as such, violative of Article 58D(1) of the Constitution. 16. Besides, the question of double jeopardy does not arise since there were no proceedings in accordance with law ag..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......or of M/S Blue Bird Garments (Pvt.) Ltd, in course of his business, obtained some loan from respondent No-3. Sonali Bank, Ramna Corporate Branch, Dhaka (shortly the Bank) by mortgaging 24 decimals of land and structures thereon. But he failed to repay the loan. So, the Bank filed Artha Rin Suit No. ......icate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......al effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ram-non-judice, without jurisdiction or malafide. Since the impugned order is tainted with malafide and has been passed without jurisdiction, this Rule is very much maintainable. 8. The moot question which has come up for consideration in this Rule is at what stage the resignation of a gov..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
..... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......ich is a misconduct as when an advocate received and filed vokalatnama he is duty bound to appear and defend the case of his litigant client. 3. It is the case of the plaintiff that .0114 acres of land of plot No.1409 appertaining to C.S. khatian No.742 corresponding to S.A. khatian No.1203 of Mo...... Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ...... bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......oner. 6. The learned Advocate Mr. Khurshid Alam Khan, appearing for the Bureau, now Anti-Corruption Commission (ACC), with leave of the Court, submits that the grounds taken in this case are all questions of fact to be decided at the time of the trial and the impugned proceeding should not be i..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
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