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Jahirul Haque Vs. State, 2011, 40 CLC (HCD)

....d the FIR orally and hence the case. 4. Then the police took up the investigation, visited the place of occurrence, prepared sketch map along with Index of the place of occurrence and recorded the statements of the witnesses after exam­ining them and prima-facie case being made out submitted cha......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..

Category: Criminal Law | Date: | Hits: 83

Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......haka Collectorate by way of purchase from Al-haj Alimullah by 2(two) registered deeds being No.11739 and 18178 dated 21.06.1997. Petitioner got his name mutated in the Government Revenue Office, paid rents and also obtained a holding number of Dhaka City Corporation, and thus has been in peaceful po..

Category: Civil Law | Date: | Hits: 74

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

.... the Singaporean Commercial Arbitration Board", as referred to in the arbitration clause of the Contract exists; therefore, the instant application is not maintainable. e) Without prejudice to the statements in the foregoing paragraphs, it is further submitted that the petitioner has manifestly f....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

....e Respondent Nos.2 and 5. Company Matter No.95 of 2012. Judgment Md. Rezaul Hasan J.- This is an application under section 233 of the Companies Act, 1994 (the Act). 2. It appears from the statements made in the petition that the Company has been incorporated on 11-5-1997, vide Certificat...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..

Category: Company Law | Date: | Hits: 129

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....endants and on the aforesaid cir­cumstances the Judgment of the trial Court is liable to be set aside. No one appears on behalf of the respondents. 12. We have gone through the plaint, written statements, counter claim of the defendant, reply of the counter claim by the plaintiff and depositi......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..

Category: Civil Law | Date: | Hits: 106

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....s that both the Courts below found that the disputed deed was duly executed as stated by P.W.1 and corroborated by the local witnesses (P.W.2, 3 and 4). 18. The Courts below, with reference to the statements of the P.Ws. and also to those of the D.Ws., found that the plaintiff's grand mother used......the learned Advocate for the opposite party No.1 (plaintiff), submitted that the evidence on record was duly con­sidered by the Courts below and it was concurrently held that the plaintiff and his parents used to live with the admitted owner Soleman Nessa. So it was natural in our social context th..

Category: Property Law | Date: | Hits: 139

Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

....tation he took up the investigation of the case, visited the place of occurrence prepared the sketch map of the place of occurrence along with index. He also examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and a strong prima-facie case having ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..

Category: Criminal Law | Date: | Hits: 78

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....ent Statement made by witnesses to police during examination in preparing inquest report under Section 174 is not a substantive evidence. Accused is entitled to get a copy of the report excluding the statements made therein. If the report is in custody of the Court the Magistrate should allow certif......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......i. Defendant No.2 Danesh Ali, owner of the suit land appointed his son Akram Ali, the defendant No.1 as his Attorney. On 5.8.2001 the defendant No.1 went to the Tahashil Office for payment government rents wherefrom he came to know that the plaintiffs by practicing fraud obtained a sale decree and t..

Category: Procedural Law | Date: | Hits: 99

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

....pared sketch map along with an index there­of, prepared the inquest report, sent the dead body to Morgue of Naogaon Hospital through constables, seized the alamats through seizure list, recorded the statements of wit­nesses under section 161 of the Code or Criminal Procedure, examined the post mor...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..

Category: Criminal Law | Date: | Hits: 84

M/s. ERRIA Shipping Pte Ltd. and another Vs. M/s. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....igence, carelessness, misconduct of his local agent, the defendants are not liable to be made good the loss as claimed. 10. We have heard the learned Advocates. Perused the materials on record and statements of P.W.1 and P.W.2. On perusal of the statements made by 2(two) P.Ws. in the suit we find......6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 486

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

.... legal of punishment. Depending on the facts and circumstances each case, a judge certainly may disbelieve a witness of search and seizure if it appears to him that he is deliberately making obliging statements in favor of the accused falsely in order to save him from legal punishment. In view of th...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..

Category: Criminal Law | Date: | Hits: 92

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

.... with a summary to the Hon'ble Prime Minister for approval, and (e) Finally as per the decision of the government the Ministry of Shipping will act. 5. The respondent No. 8 apart from aforesaid statements made in their affidavit-in-opposition and supplementary affidavits, annexed papers and do......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....ar 1998-99 claiming total income at all. Pursuant to notice under section 79 and 82(1) of the Ordinance, an authorized representative appeared on behalf of the petitioner with books of accounts, bank statements etc. and explained the return. The Deputy Commissioner of Taxes however assessed under se......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

....s that the appellants are innocent and committed no offence as alleged. There is no use of deadly weapons or any attempt of dacoity. In the FIR, no overt act was mentioned against the appellants. The statements made by the accused before the Magistrate was exculpatory and was extracted by torture an...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..

Category: Criminal Law | Date: | Hits: 86

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

.... submits that the Trial Court on the wrong assessment of the evidence on record found Delowar Hossain, Giasuddin and Nur Alam guilty as there is no independent evidence against them. The confessional statements of accused Delowar Hossain is not voluntary and true inasmuch as before his such confessi......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..

Category: Criminal Law | Date: | Hits: 158

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......dra Nath Majumder. Harendra Kumar Majumder, Kumudini Kanta Majumder and Jogadish Chandra Majumder have been recorded as possessor. The said lands of district survey No.75 and MRR No.95, for arrear of rents, were put into auction in Certificate Case No.15930/1960-61. Having need of cash money, the or..

Category: Property Law | Date: | Hits: 83

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....me to morgue for PM examination and report. Police visited place of occurrence, prepared Map with Index of the place of occurrence seized alamat by seizure list, examined witnesses and recorded their statements under section 161 CrPC. After conclusion of investigation charge-sheet was submitted on 1...... disclosed in the deposition of P.W.4 Saheb Ali in cross-examination that he saw mother, father and brothers of Jamir when he arrived at the occurrence house. Withholding and non-examination of the parents and other brother of Jamir namely, Amir as witnesses in the case would be fatal, for the prose..

Category: Criminal Law | Date: | Hits: 93

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....s Party alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage. 15. Ran an eye on contents embodied in the Petition for addition of parties as well as statements in the Supplementary Affidavit and papers and documents annexed in Supplementary Affidavi......,625 - 67,50,000.00 as lease money and Government executed and registered lease deed in favour of Petitioners and Petitioners got their names mutated in concerned Record of Right and have been paying rents to Government regularly. The Petitioners, thus, appear to have interest on suit property and t..

Category: Property Law | Date: | Hits: 82

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

.... 23. It is further revealed from Annexure Ka-1 to the said counter affidavit that in support of the averments made in the written statement, the present petitioner Ruhul Amin as D.W.1 made similar statements in the trial of the said Title Suit in the following words: “.................. মà......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..

Category: Property Law | Date: | Hits: 122