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State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....nd order of the High Court Division in Criminal Appeal No.2005 of 2000 acquitting the accused-respondents of the charges under sections 302 and 302/301 of the Penal Code respectively. 2. Facts relevant for the disposal of this petition are that Sufia Khatun wife of the respondent No.1 Tajul S......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......airul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State...................................................................Petitioner Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is gra......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....normal cigarettes by 8:1. 4. Dr. Naim Ahmed, learned advocate appearing on behalf of the petitioners submitted that the provisions regarding the conditions of work within the factories were at the relevant time found in sections 12 to 20 of the Factories Act, 1965. The law was repealed by the Lab...... (2011) HCD 36, 8LG (2011) HCD 1. ...... ......onable time, which is, or which he has reason to believe to be, an establishment or used for an establishment; (b) require the production of the registers, records, certificates, notices and other documents kept or maintained in pursuance of this Act or the rules, regulations, orders or schemes a..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....exure-D and D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the rule, are that Uttara Bank Ltd., Gulshan Branch, Dhaka (Respondent No.3......ferent orders of the Adalat, she submits that even the newspaper publication was not done in accordance with the trial Court order inasmuch as, the notices of the suit were published in two news papers not ordered by the Adalat. In this regard she refers to a decision of our Appellate Division ......ed in: 65 DLR (HCD) (2013) 205 ......nk on the said cheque/bills as "Good for Payment", several undertakings and confirmations by Sonali Bank vide different letters, personal guarantee of the petitioner Nos. 3 and 4 and charge documents. The said cheques/bills were drawn on a current account maintained by the drawer with the ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
.... deed, but this presumption is rebuttable. Source of consideration money though an important criteria in a benami transaction, but in the absence of an unambiguous ownership consideration of other relevant circumstances become important in a case where ownership is disputed. The disputed questi......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ...... ......o others and had been possessing the rest 1.32 acres of land, the suit land. The original kabalas were in the custody of the plaintiff but destroyed by white ants as such the certified copy of the documents was submitted. It was further contended that the defendant No.1 had no source of income. ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....il Mollah and the I.O., as he submits, are vital witnesses and non production of these witnesses by the prosecution also casts doubt on the prosecution case. He also submits that the F.I.R. and other relevant documents were not exhibited. He further submits that although the P.W.3 deposed that there......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......so Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ...... and the I.O., as he submits, are vital witnesses and non production of these witnesses by the prosecution also casts doubt on the prosecution case. He also submits that the F.I.R. and other relevant documents were not exhibited. He further submits that although the P.W.3 deposed that there were inj..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ...... High Court, Mr. Shamsuddin Babul replaced Mr. ABM Khairul Hoque, by letter dated 12-11-1998 and though the case record was handed over to him, but due to unknown reason (which is very significant) papers relating to substitution of the heirs of the deceased had not been sent with the record and t...... Vs. Sheikh Anis Uddin Ahmed………………………Opposite Party Judgment July 15, 2010. Result: The rule is discharged. When the reason for causing delay is unsatisfactory and not covered by any hypothetication and the conduct of the filing lawyer is not reasonable and no......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....maintainable under order 7 rule 11 of the Code of Civil Procedure should not be set aside and/ or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule, are that, the opposite parties No.1 to 7 as plaintiffs institute......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ...... in: 18 BLT (HCD) (2010) 308. ......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....y the Artha Rin Adalat, Chapai Nababgonj in Artha Decree Execution Case No.03 of 2007 issuing warrant of arrest against this petitioner under section 34 of the Artha Rin Adalat Ain, 2003. 2. The relevant facts necessary for the purpose of disposal of the rule, in short, are as follows: 3......ess from this Court. 8. However, we have considered the submissions of the learned Advocates of both the sides and gone through the writ petition, the affidavit-in-oppo-sition and the relevant papers including the impugned orders. 9. From the annexure-'C’ the order sheet of the executi......tha Rin Adalat Ain, 2003 has empowered the Adalat to detain the Judgment-debtors in Civil jail for a maximum period of 6(six) months for the purpose making them compelled to pay the decreetal money and the Adalat, after passing order for such Civil imprisonment, can issue warrant of arrest against......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... Court Division Challenging the decision of the writ respondent No.2, the Bangladesh Public Service Commission (PSC) cancelling the first viva-voce result of 27th BCS examination. 2. Short facts relevant for the disposal of these petitions are that the petitioners, in response to a Notification...... and directed them to appear for fresh viva-voce examination on 29th July, 2007. It is alleged that the PSC took the decision on taking cognizance of some adverse comments made in some issues of news papers. Subsequently, the petitioners had obtained reports from dailies which supported the res......sion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others.......................fully agree with the opinion of the High Court Division that any recommendation of a candidate for any posts do not acquire any right to the said posts. 13. On perusal of the writ petitions, the documents annexed with those and the impugned judgment we find that the High Court Division has righ..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....talaq is valid and enforcing to execute such talaq attracts section 7(2) of the Muslim Family Law Ordinance, 1961. The persons inflicting such punishments/injuries are liable to be punished under the relevant provision of the Penal Code and law of the land and the persons present at the place of occ...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......Islam Siddiqui J Borhanuddin J Dhirendra Nath Mondal..................Appellant Vs. Agrani Bank Ltd and others.............Respondents Judgment Jun......ted 21-3-1990 and as per terms of the advise letter, this plaintiff executed and registered mortgage deed No.1662 dated 5-4-1990 in favour of the defendant No.1 and also executed all charge documents. The plaintiff also executed a deed of guarantee undertaking the responsibility to repay t..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......2012) 467. ......vocate Mr. Md. Fakhar Uddin, appearing for the accused petitioner and drawing our attention to the petition filed under section 561A, the supplementary affidavit, the counter affidavit and to all the documents annexed theirwith submits that, as it is apparent from the petition of complaint the chequ..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
.... learned Session Judge can not be interfered with. Thus he prayed for dismissing the appeal. 14. We have heard the learned Advocates of both the sides, perused the impugned judgment and the relevant papers and documents. 15. During trial the prosecution examined as many as 12 witnesse......Session Judge can not be interfered with. Thus he prayed for dismissing the appeal. 14. We have heard the learned Advocates of both the sides, perused the impugned judgment and the relevant papers and documents. 15. During trial the prosecution examined as many as 12 witnesses to prov......sp;18 BLC (HCD) (2013)16. ...... Islam, the learned advocates appearing on behalf of the accused-appellants took us through the impugned judgment, FIR, charge-sheet, charge, deposition of the witnesses, Memo of Appeal and the paper/documents as available in the paper book submits that conviction and sentence of the appellants is b..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... port authority destroyed those. It can also be presumed that the respondent, having exported the garments manufactured by imported 4, 02,919 yards of 100% polyester fabrics, was in possession of the relevant documents and admittedly on 5.8.2001 the respondent also procured the copy of the notice da...... 4,02,919 yards of 100% polyester fabrics were exported by the respondent only by two containers, the Customs House Chittagong procured from Transmaritime Logistics, the concerned shipping agent, the papers relating to the import of the above fabrics and export of garments manufactured by those and ......) 54, VIII ADC (2011) 29. ...... under Shipping Bill No.09649 dated 30.5.2000 and Bill of Lading dated 21.6.2000. Then by letter dated 15.7.2000 Forbes informed the respondent that there being some minor discrepancies in the export documents they would accept the same only at a discount price of US$ 96,500.00. The respondent by le..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ...... (HCD) (2012) 532 . ......tra, he acknowledge further receipt of Taka 20 lakh on 10-12-96 and an agreement was entered for performance of the contract. On 21-11-1996, defendant No.1 informed the plaintiff that the necessary documents and Khatians were not in his hand and for this reason it was not possible to mention the r..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....icer under section 9 (2ka) of VAT Act against the order passed under section 9(2ka) of the VAT Act by the VAT officer (respondent No.1). The petitioner could have also filed an appeal before the relevant authority under section 42 of the VAT Act but without exhausting those forum the petitioner......ot a মূল্য সংযোজন কর কর্মকর্তা (VAT officer) as per provision of section 20 of the VAT Act and therefore, he had no jurisdiction to examine the dhakilpatra/papers relating to rebate taken by the petitioner-company and the impugned orders dated 8-9-2008 as ...... Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petitioner by necessary order. ....................../২০০৮-৯/৭৮৩ dated 29-7-2008 by the concerned Local and Revenue Audit Directorate audited the office of respondent No.1. (d) Audit team had jurisdiction to examine any documents of respondent No.1's office as it falls within the purview of audit as defined in the ..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....overnment appellant against the judgment and decree dated 31.12.1985 passed by the learned Joint District Judge, Sirajgonj in Other Class Suit No.398 of 1981, dismissing the suit. 2. Short facts relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other class sui......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......J Bangladesh, represented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others………………………Respondents J......and? 4. Whether the plaintiff is entitled to any other relieves? 7. In support of the case, the plaintiff examined 2 witnesses and defendant examined two witnesses. The plaintiff's documents were marked as exhibits 1-13 and while those of defendants marked as exhibits- Ka and Kha...Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......
Sheikh Abdul Awal J
M. Moazzam Husain J
Most. Johura Begum alias Mosammat
Johara Begum……………………………….Plaintiff-petitioner
Vs.
Alhaj Abdur Rob Bhuiyan and
others………………………………………..Defendant-opposite parties
Judgment
......nd
as such the question of interference does not arise at all.
8. We have heard the learned Advocates
of both the sides, perused the revisional application, counter affidavit along
with other documents as filed therewith. It appears that the
plaintiff-petitioner filed an application under O..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......d in: 15 MLR (HCD) (2010) 473. ...... Revisional application, impugned order dated 10.7.2008, written objection filed by the present petitioners against the miscellaneous case for setting aside the ex-parte decree and other connected documents as filed thereto. Now, let us look, whether the learned subordinate judge committed any i..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
.... in equal 4 annas share. The suit land, after the death of the aforesaid record tenants devolved upon Pach Kori Das. Pach Kori Das while possessing the aforesaid land after taking permission from the relevant authority as at that time law provides for such permission sold 36 decimals of land to plai......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......ted in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
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