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State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
....itional Sessions Judge and Assistant Sessions Judge shall, for the areas within his session’s division, be a Special Tribunal for the trial of offences triable under this Act: Provided that the Government may, for the purpose of trial of offences mentioned in paragraphs 3 and 4 of the schedule......witnesses under section 161 Cr.P.C. and then submitted charge-sheet against the accused appellant Khalilur Rahman and his mother accused Hazera Khatun under section 302/34 of the Penal Code. 3. By order dated 31.12.85 the learned Sessions Judge discharged accused Hazera Khatun, the mother of the ..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......rementioned tripartite contract the accused persons are clearly obliged to purchase new engines for the coaster. But instead of purchasing the new engines the accused with fraudulent intention and in order to deceive and mis-appropriate the fund disbursed to them by the BSRS and purchased old engine..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
.... that since the said Calcutta High Court Rules 46A-46H of Order 21 C.P.C. has not been incorporated in the Code of Civil Procedure as published by the Ministry of law and Parliamentary Affairs of the Government of Bangladesh in 1979 Edition or even in the latest Edition published in 1984 (corrected ......date of filing of the suit till realization of the decreetal dues. The defendants 1,2,4,5 and 6 were directed to pay the decreetal amount to the plaintiff within 90 days from the date of judgment and order dated 4.1.84. A Division Bench of the High Court to which I was a party in F.A. No.6 of 1984 (..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.......ple's Republic of Bangladesh, 1972. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against an office order dated 19.11.86 (Annexure B) passed by the respondent no. 2, the Vice-Chancellor and issued und..Category: Criminal Law | Date: | Hits: 74
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29......., Deputy Attorney General- for the State. Criminal Revision No. 8 of 1986. Judgment Daliluddin Ahmed J.- This Rule was issued upon the Deputy Commissioner, Pabna to show cause as to why the order, dated 5.12,85, passed by Additional Sessions Judge, Pabna,in Session Case No.2 of 1985 should..Category: Criminal Law | Date: | Hits: 24
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......ase, inter alia, is that they are the owners of the property described in the schedule to the plaint which consists of their homestead and a tank measuring 32.25 acre of land. On 12th August, 1948 in order to avoid creditors they executed kabala purporting to transfer the property in favour of defen..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....8) 21....... Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint and also for a declaration that the order dated 3.10.1961 of the Board of Revenue cancelling the settlement of the said land was null an..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
....ecretary, Ministry of Home Affairs, Bangladesh Shachibalaya, Dhaka. 3. District Magistrate, Comilla, Superintendent of Police, District Special Branch, Comilla. 4. Inspector-General of Prisons, Government of Bangladesh. Dhaka...............Opposite-Parties. Judgment October 25, 1987. ......he detenu along with 9 others under section 54 of the Code of Criminal Procedure and was forwarded to the court of Magistrate with a prayer to remand them to custody till the receipt of the detention order. Thereafter the District Magistrate, Comilla, namely, the opposite party No. 3 Put the dete..Category: Criminal Law | Date: | Hits: 40
Zahirul Alam Vs. Manindra Nath Thakur, 1987, 16 CLC (HCD)
....nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ...... the Opposite Party. Civil Order No. 1 249 of 1987 Judgment Latifur Rahman J. - In the application under section 115 of the Code of Civil Procedure, the defendant petitioner has challenged order No. 39 dt. 27.7.87 passed by the Assistant Judge, Kashiani, District Gopalganj in allowing an ..Category: Procedural Law | Date: | Hits: 111
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....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. ......ul Mannan with Zakir Ahmed - for the respondents. Appeal from Original Order No. 171 of 1984. Judgment Mustafa kamal J. - This first miscellaneous appeal is directed against the judgment and order dated 19.4.84 passed by Mr. Ali Ashraf Khan Lodi, Subordinate Judge, 1st Court, Dhaka in Misce..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. ......med, Advocates - For the Opposite Party. Civil Revision No. 87 of 1985. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against an order dated 9.4.84 passed by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written s..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. ......ted- the Appellant. Appeal from Original Order No. 221 of 1995. With Cross Objection No. 2 of 1997. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against judgment and order dated 8-7-95 passed by the learned Subordinate Judge, 1st Court, Comilla in Title Suit No.4 of..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....…………………………Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM A......Chowdhury J.- On an application made under Article 102 of the Constitution by the petitioner Bashiruddin Ahmed a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in the Nathi No.3 (3) VAT-5/95 corresponding to 25-3-1402 BS (Annexure-M) issued by ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....est. 2. The short fact leading to this appeal is that, the plaintiff-respondent instituted the suit alleging that the plaintiff company is a joint venture project of which 40% share belongs to the Government and remaining 60% belongs to Abu Dhabi Fund for Development. The plaintiff gets 30 lac US...... by that Code or by this Act, be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presen..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
.... and Iyreen Mahbub Advocates- For the Petitioner. Mahmudul Islam, Attorney-General, with Mahbubey Alam, Additional Attorney-General & Bazlul Rahman Chhana, Assistant Attorney General—For the Government. Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This ......sing terrorism.” 3. To justify his allegations against the Higher Court the Home Minister stated that how the terrorists were arrested in the city and then they became freed under the High Court order. One day some local people from Maghbazar area came to him and informed that notorious terrori..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....pplication the Rule was issued on 3rd January, 1999. On 22nd February 1999 the petitioner filed another supplementary affidavit stating that the detenu was a student of Class-two of Shahid Nabi Model Government Primary School and according to his school register the date of birth is 13-3-1988. The C......r family, was arrested by the Sutrapur PS Police on 16-12-1998 at about 2-00 PM and was produced before the Metropolitan Magistrate on 17-12-98 and thereafter he was sent to Dhaka Central Jail and an order of detention under section 3(2) of the Special Powers Act directing the detention of the deten..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....h as it is in violation of the prisoner’s fundamental rights to personal liberty and to a speedy trial as guaranteed by Articles 31, 32 and 35(3) of the Constitution and it is also violative of the Government’s obligations under International Human Rights treaties in particular Article 14 of the...... review to this court within 4(four) weeks from date and furnish a list of such ‘under trial’ prisoners in the Dhaka Central Jail and other Jails in this country and or pass such other or further order or orders as to this court may seem fit and proper. 2. It has been asserted that the petiti..Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
.... Judge and Election Tribunal, Pirojpur, and the Election Tribunal by the Judgment and order dated 19th May 1997, declared the election of respondent No.1 void with an order for fresh poll in Garghata Government Primary School polling centre and by the said order the tribunal modified the results of ......dents. FMA No. 144 of 1997. Judgment Md. Abdul Karim J. - This application on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of the case..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......plain why the complaint was filed before expiry of 15 days. But it is obvious that it was due to some misconception or oversight either on the part of the complainant or on the part of his lawyer. In order to uphold justice in this particular case, we hold that for the defect of prematurely of cause..Category: Criminal Law | Date: | Hits: 35
Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)
....agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......l Code which is non-cognizable offence. Therefore, in this case trial of non-cognizable offence cannot be preceded as the investigation itself in the case could not proceed without the permission or order of the Magistrate. 3. It appears that the parties were heard under section of 241 of Cr.P.C..Category: Criminal Law | Date: | Hits: 34
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