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Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....risdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Tofail Ahmed…………………………Petitioner Vs. State………………………Opposite party Judg......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 interfered with on these grounds or at t......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. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......urt Division proceeded on irrational, illogical, illegal and ultra vires premise of portability of acquired vested land and so erred in law in directing the appellants to resort to partition suit for recovery of encroached acquired land. c) the High Court Division committed gross error of law and ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....ision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Md. Abul Hashem.............................Accused-Petitioner Vs. The State………………………………&......the trial but on the day of pronouncement of judgment he remained absent as a result the judgment was passed in his absence and thereafter he was arrested, as a result he could not file appeal in due time and as such he preferred the instant application under Section 561A of the Code of Criminal Pro......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......Ÿà¦¾à§Ÿà§‡ ধরà§à¦·à¦¨ করে।” 38. Now it may be presumed how a lady whose hands were tied behind her back, how she could be laid down on a Cot, without causing any injury on her arms and how rape could be committed upon her? It is a unbelievable story. On the other hand she did..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
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No order as to costs.
This Case is also Reported in:
...... to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property.
Every person in the service of the Republic has a duty to strive at all times to serve the people.
13. The Constitution not only imposes obligation upon the citizen......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
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Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni..........Petitioner Vs. The State and another .....................Opposite parties Judgment May 12, 2011. Result: The......drawer's signature differed. At a subsequent stage, as per the assurance of the accused-petitioner, the complainant presented the cheque to the Janata Bank again for encashment on 08.04.2009 and this time too, the cheque was dishonoured on the score of stopping of payment by the drawer. Anyway, on 2...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Obaidul Kader (Md.)………………………Petitioner Vs. State……………………….Opposite party Judg......danta-2)/3961 dated 17-3-2008, submitted by him today, mainly argues that the contentions raised on behalf of the accused petitioner are all matters offsets to be proved before the trial Court at the time of trial and, as such, at this stage the impugned proceedings does not warrant interference by ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....ellant Vs. Sree Babu Jiban Kumer Shaha ……………Respondent Judgment May 11, 2011. Result The appeal is allowed. Lawyers Involved: Md. Harunur Rashid, Advocate-For the Plaintiff-Appellant. Not represented- the Respondent. First Appeal No. 68 of 1......sis of his application on 21.10.1987 vide letter No. ZOJ/CC/ ST, B/30/87 the loan amount was increased to Tk. 50,000/-. Thereafter, the defendant could not repay the loan amount within the stipulated time mentioned in the sanction letter. The Manager of the bank gave several tagids to the defendant ......aintiff. 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: ......aintiff. 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: ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......he same was supplied to the plaintiff under cover of a registered letter. (vii) That upon receipt of the extract of the Share Register as requested, the plaintiff informed the bank for the first time by her letter dated 17-9-1990 that she had never received the share certificate nor had she mor......xcept when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its market value. As per the statements made in the......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....an J Kyung Hae Maritime Co. Ltd 1197-2 choryang 3, Dong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.......t No. 28 of 2009. Ed. This Case is also Reported in: ...... the defendant No.2, to re-deliver the vessel. As the defendant No. 2 i.e. the charterer is about to go bankruptcy, the plaintiff has no alternative but to institute the instant suit in Bangladesh to recovery their legitimate dues. 7. The Admiralty suit 19 of 2003 was contested by the defendant......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447....... 11(Ga)/ 30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (amended 2003), alleging inter alia that her sister Ms. Lovely Akter Binti was marÂried to accused appellant herein on 10-11-2006 and at the time of marriage they paid Taka 1,10,000 as dowry and golden ornaments and other materials. Thereaft......-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.......-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)
....eel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, 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 Cor......quality, austenitic type bars, having Indian specification AISI-304, Dia 28 mm. at an amount of U$ 46000. The stipulated mode of shipment was through the river route Narayanganj Port, but at the same time the supplier attempted to change the route which having been objected by the plaintiff, the sup......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: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....d down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:  ......pires from the trend of cross-examination that the appellant was innocent; he was released in a departmental proceeding on the self same allegation; he was not in charge of the godown at any point of time and was not individually or jointly liable for the deficiency of stock. The learned Judge, afte......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:  ......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:  ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
.... from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......to that effect. In cross-examination he stated that the patient was not known to him before. He (patient) introduced himself as Shahjahan Fakir. He further stated that he had examined the patient sometime after 5 p.m on 24.4.1985. 12. P.W.6 A. Rahim Sarder, full brother of the informant state......sons entered into the house did not assault them. She further stated that after commission of the occurrence she was senseless for two days and did not see who brought the message of her daughter’s recovery from Uzirpur. 9. P.W.2, the victim Rina Begum also supported the prosecution case, b......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
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....ngly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ...... for the petitioner we like to state about the development which took place in the matter before final hearing of the writ petition in question. 8. From the judgment it is clear that at the time of the issuance of the Rule operation of the impugned notification declaring the election sched......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
...............Opposite parties Judgment March 31, 2011. Case Referred to- Hossain Ahmed Chowdury and others Vs. Nurul Amin, 47 DLR (AD) 162. Lawyers Involved: A. B. Roy Chowdhury, Advocate-For the petitioners. Not represented- the Opposite parties. Civil Revision No.2758 of 200......e said documentary evidence were not considered by the lower appellant Court. Admittedly, the land was allotted to the predecessors-in-interest to the plaintiffs by the Government in 1952-53. At that time, there was no legal requirement of any written instrument for induction of a borgadar in a land...... the suit. 2. Facts leading to this civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession over the suit land with a further declaration that two deeds being No.7374 da...... 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: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
....ion (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Aynal Haque ……………………………………………Petitioner Vs. The State ……………………………………………….Opposite party Judgment March 30,......Nari-O-Shishu Nirjatan Tribunal No.2, Chuadanga convicted the petitioner and sentenced him as stated above. 8. Being aggrieved there against since the petitioner could not prefer any appeal within time, he obtained the instant rule on filing an application under section 561A of the Code of Crimin...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....t once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......erefore, appellant upon scrutiny of the aforesaid application approved the same as per section 3(1) of the ইমারত নিরà§à¦®à¦¾à¦¨ বিধিমালা, ১৯৫২ within the time stipulated in Rule-7 of the ইমারত নিরà§à¦®à¦¾à¦¨ বিধিমালা, ১......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. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....y the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......n 25.11.10 the appellants voluntarily surrendered before the court and moved for bail, since their prayer for bail was rejected by the impugned order then they preferred the instant appeal and at the time of admission of appeal the appellant Nos.2-4 have been granted ad-interim bail except of appell......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: ......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: ..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
.... wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......d charges were framed against the present convict-appellant under section 9(1)/13 of the Nari-o-Shishu Nirjatan Daman Ain, 2000, to which he pleaded not guilty and claimed to be tried. 5. At the time of the trial the prosecution in all examined 13 witnesses to prove the case. The defence cross-......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....nt Judgment March 21, 2011. Case Referred to- Desh Petroleum Service Co. Ltd Vs. Commissioner of Taxes, Zones-5, 12 MLR 48. Lawyers Informed: Rafique-ul-Huq, Senior Advocate with Ms Nazmus Saliheen, Advocates —For the applicant Abdur Rahim Bhuiyan, Deputy Att......ction 53BBB of the Ordinance as a regular payee he paid tax at the rate of 0.015% at source on the value of shares, debentures, mutual funds, bonds or securities transacted by the company at the time of payment for such transaction. The applicant submitted his return showing his income in two h......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. ......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
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