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M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

....that the complainant made statement on oath in support of the petition of complaint and also made statement before the Magistrate along with other witnesses in support of the prosecution case and the Inquiry Officer also found the medical certificate issued by Dr. Shahana Ferdous to the effect that ...... lac as dowry and threatened to call off the marriage if they failed to give the amount, The complainant's father was compelled to pay an amount of Taka one lac thirty thousand by cheque. The accused persons continued to pressurize the complainant's sister for the balance, which she could not pay. F..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186.  ......urity, similarly in 1984 by violating the provisions laid down in clause 29, 49 and 53 of the circular of the investment 1984, invested TK. 7,43,03,882/- with the 29 trading companies. The accused persons gave an opportunity to 31 business concerns to release their goods which were kept in the b..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)

....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......udgment, or give such security for the performance of the decree or compliance with the judgment as the Court may, on a previous application made by him in this behalf, have directed. (2) Where a person has become liable as surety under the proviso to sub­section (1), the security may be realis..

Category: Civil Law | Date: 2 May, 2005 | Hits: 119

Montu and others Vs. State, 2005, 34 CLC (HCD)

....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ......hen the informant and Md. Jashimuddin came to the place of occurrence and took him to the hospital for treatment. It is further stated that in the first information report that thereafter the accused persons entered into the under‑construction clinic and caused damage of Taka 25,000. It is further..

Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......turned home at night on the date of occurrence. The victim was major, 12/13 years of age. A girl attained puberty at 12‑14 years of age and became major. He did not know if she mixed with any other person than the jail appellant. He heard that the jail appellant had intercourse with the victim 7/8..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......he same to Gopalgonj morgue for post‑mortem examination. Doctor holding post‑mortem examination gave opinion that the death of the victim was due to shock as a result of the injuries found on her person which were ante mortem and homicidal in nature. On receipt of the post‑mortem report the af..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)

....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed.     This Case is also Reported in: 57 DLR (2005) 560. ......001. A further perusal of the bills reveals that 342 overseas calls were made to Saudi Arabia and the rest were made to other countries. In his objection, the petitioner stated that some unscrupulous persons might have created all the problems and therefore, he prayed for rectification of the bills...

Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4

Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)

....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615.       ......aumitra Chakma, P.W.12 SI Nazrul Islam and others surrounded the house of one Yousuf Ali Malitha. At that time the accused appellant Asadul and the accused appellant Mukul Hossain and two non‑local persons were sitting on the verandah of that house. Sensing the presence of the police force two acc..

Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ...... Whether period of limitation for filing an arbitration case can be extended.- When the compensation assessment was made and notice thereof was served appellants were not the interested persons, as such, arbitration case filed by them after the expiry of the period of limitation was ba..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

State Vs. Md. Nasim and others, 2005, 34 CLC (AD)

....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ...... ................................. (d) if he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains or attempts to obtain for himself or for any other person any valuable thing or pecuniary advantage, or .......................... 12. From t..

Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......thorised by law and the plaintiff could recover khas possession. The suit is also not barred by limitation because the cause of auction for a suit for specific performance of contract arises when the person who executes the agreement refuses to act in terms of the agreement which occasion did not ar..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)

....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......h the High Court Division deposit of Taka 2000 as security is mandatory. The petitioner deposited the amount through lawyer in due time. Such deposit in the manner is lawful. Deposit of the amount personally by the petitioner himself is directory and not mandatory.   Cases Re..

Category: Election Law | Date: 22 Mar, 2005 | Hits: 123

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

....ge. 39. Annexure B was equally headed under the banner “এলএলবি পাশ না করেই বিচারপতি!” It says that the name of Justice Faizee was in the Inquiry Committee of the University. Both the caption and the sub-caption are not supported by the f......acter of others was prohibited by the Mosaic Law. The laws of Solon punished calumniators by an arbitrary fine and the same penalty was sanctioned by the law of the Twelve Tables. 12. In 1631, a person after his conviction for felony threw a brickbat at Chief Justice Richardson which narrowly m..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......of section 19 and if any offence is committed in respect of a pistol, revolver, rifle (shot-gun or other fire-arm) that offence has been punishable under the section. Clause (f) indicates that if any person has in his possession or under his control any arms, ammunition or military stores in contrav..

Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......served and two letters returned with remark ‘Not known'. But no one complied with the requests of the letters and, as such, the Deputy Commissioner of Taxes disbelieved the existence of the persons who remitted the Telegraphic Transfer and completed the reassessment on assessing a total in..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......ant as he was a bank defaulter and giving a further direction to the writ respondent No. 4 to initiate proceeding under Sections 199 and 200 of the Penal Code against the appellant along with other persons responsible for allowing the appellant to participate in the election. 2. ..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Ayub Ali Vs.State, 2005, 34 CLC (HCD)

....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ...... of Tongi PS Case No.07 (05)04, corresponding to GR No.165/2004 should not be set aside. By said order dated 1‑1‑2005 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul Hasan nick named Lyton, to be examined as prosecutio..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)

....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......rters and created a reign of terror in the mills by their violent activities. As a result, the management lodged a first information report on 19-3-2001 and started a criminal case against 35 accused persons with Digolia PS including 3 of the said respondents. Thereafter, the said respondents were s..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

.... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ......nal Deputy Commissioner, (Revenue) has no locus standi to challenge the decree passed in Title Suit No.346 of 1977. The Plaintiff has produced papers showing granting lease of the suit land to some persons including the defendant No.1 but these papers are not sufficient to come to the conclusion ..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

.... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ......re is not paid, a call in writing must be made on him. But no such call in writing was made on him. He has further submitted that to make any correction of Memorandum and Articles of Association, the person correcting it should be authorised by the Managing Director, but in this case no letter of au..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364