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Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....e MOU dated 2‑6‑2000, the possession and control of the beneficial ownership of the lease‑hold interest in the plant and machineries acquired pursuant to the MOU dated 14‑3‑1999, were to be handed over to the respondent-company. But on receipt of the said plant and machineries, the respond...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....ase is also Reported in: 55 DLR (HCD) (2003) 527. ......w in the prosecution case which creates a doubt as to the manner of the commission of the offence, the benefit of which should go in favour of the accused appellant. In this case it is unfortunate to note that the prosecution did not examine Doctor Shahidul Islam who is said to have treated the vict..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....hat while the respondent was thus in possession of the house on the basis of an agreement. for sale, Ministry of Works served notices dated 24-12‑1987 and 17‑1‑1988 directing him to hand over possession of the house as an abandoned property, that the respondent submitted papers bef......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
State Vs. Harish, 2002, 31 CLC (HCD)
....om the latrine and identified the dead body of Hazera Begum. Hazera Begum was wearing a green half-pant and white yellow print blouse was found twisted in her neck and injuries were found on the left hand, little finger of right hand and hip and her private part was found torn. Thereafter, the infor...... rape on the person of Hazera and thereafter he caused her death. The accused retracted this confession while examined under section 342 of the Code of Criminal Procedure. It further appears from the note of the Magistrate that he was taken to Belabo Police Station on 11-6-1997 and after remand he w..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
...., in the file of the Ministry. It appears and is also evident from the UO Note dated 14-10- 1998 sent by the then Secretary Mr. Akmal Hossain to DG, BTV, that the evaluation report was physically handed over by Mr. Anisur Rahman, the then acting Chief Engineer, BTV, to Mr. Akmal Hossain, the t......the Secretary to the concerned Branch/Section of the Ministry. As such, the original evaluation report is not available in the relevant file of the Ministry. 4. It is true that the UO notes sent by the then Secretary Mr. Akmal Hossain to DG, BTV on 14-10-1998 and 15-10-1998 are not..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....ing the suit land. The defendant‑petitioners have been threatening to dispossess them from the suit land. The defendants in the written statements stated that the suit land belonged to Jadob Chandra Roy who purchased the same in the benami of Radhika. Khitish Chandra succeeded the suit land ......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....when the age of the victim is prima facie below the age of majority she could be allowed to the custody of father, the appellant……(15) Cases Referred to- Mongal Chandra Nandi vs Bangladesh 5 BLT (AD) 1 = 2 BLC (AD) 18; Tarun Karmaker vs State and others 53...... calculation found that she will not be able to sit in her SSC Examination if her date of birth is recorded as on 30‑10‑1984 and at their insistence age was raised and date of birth was noted as on 29‑10‑1983. This was done only to facilitate the victim to sit in her SSC e..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....st Pakistan Lahore 16 DLR (SC) 535, State Vs. Abdul Rashid 10 DLR 568; 9 PLR 716=State Vs. SW. Lakitullah 10 DLR 309, Syed Mahsin Termizy Vs. State 16 DLR (SC) 735, Israr Vs. Crown 7 DLR (FC) 19, MH Khandeker Vs. State 18 DLR (SC) 124, The State Vs. Yousuf Ali Khan 21 DLR (WP) 264, State Vs. Abdul M......e and as a fair comment, not having contained any contumacious comment regarding the Court and therefore, they are, not liable to be proceeded on charge of contempt of Court. 15. We have already noted that at a belated stage the Chief Editor, Editor, printer, publisher and owner of 'Daily J..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....y defendant appellant’s claim of long possession cannot save them…………..(20) Cases Referred to- 29 CWN 138; 43 CWN 828. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharif Uddin Chaklader, Advocate‑on Re......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....nnexure A at correspondence page 355. We have also perused the Peon Book of Bangladesh TV and have found that at SI No. 38 of the Peon Book of the year 1998, the report of the Technical Committee was handed over to Secretary, Ministry of Information by hand. 15. Mr. Razzaq has further argued th......hen placed before the Prime Minister for her approval which was approved by the Prime Minister on 2-11-98. 6. These respondents claim that the Secretary, Ministry of Information by an unofficial note dated 14-10-98, inquired of the DG of the BTV to confirm from the Chairman of Evaluation Commit..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
.... SCC 706; Abdul Jalil Miah vs Niropama Ritchil, 49 DLR (AD) 61=1997 BLD (AD) 63; Salma Khatun vs Zilla Parishad 51 DLR (AD) 257; Mahaprabhu Ram vs Gopal Ram 42 DLR (AD) 154; Jogeridra Nath vs Amulya Chandra, 44 DLR (AD) 147; Abdus Sattar vs Abdul Rahman. 44 DLR (AD) 100; Secretary of State for India......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....as actually deed of sale and the transfer was done through contrivance of a deed of exchange only to avoid the pre‑emption. 8. Mrs. Azra Ali, Advocate‑on Record, on the other hand, contended that the High Court Division rightly set aside the order of the learned Assistant Ju......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....he owner of the suit land and the record of right was also prepared in his name. He was a simple man and had no idea about worldly affairs and taking advantage of such situation, his nephew Nagendra Chandra Mondal created a deed being Deed No. 23965 dated 16-8-77 in respect of the suit land in his f......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....al of the aforesaid title appeal the plaintiff‑respondent put the decree to execution by starting Execution Case No. 70 of 1964 in the Court of Senior Assistant Judge, Cox's Bazar. On the other hand, the defendant‑judgment‑debtor petitioners preferred Second Appeal No. 583 of 1964 ...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
.... informant and thereafter entered the hut where his father was saying his Magrib prayer on the plea of looking for a ‘Hukka’ and then he picked up a Dao and struck a Dao blow on the right hand of his father causing grievous injury. Thereafter the condemned prisoner came out of the room t......anyone who tried to resist him from committing any act of violence. This is also stated by this witness that he used to see very little with his eyes at the time of occurrence and he also stated on a note of surprise that he did not know why the condemned prisoner committed such murder. This witness..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....ts of misconduct sometimes make the Polices personnel’s accused in Criminal proceeding at the instance of victims of violence, atrocity and act of misconduct. 3. The two Complaints in hand era examples of alleged violence atrocity and act of misconduct, brought home against Police Pe......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....e parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate with him) instructed Aftab Hoss......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....e executing Court by its order dated 11-8-85. 6. Eventually, on 13-2-85 truck being of reg. No. Mymensingh Na. 239 was seized by the police and on 16-2-85 other truck reg. No. Dhaka Na. 1737 was handed over to the Bank by its driver. 7. Against the order, the petition unsuccessfully moved......ced under the custody of a receiver to be appointed by the Court and the receiver would deposit the income of the trucks towards the satisfaction of the trucks. 14. In a mortgage suit, it may be noted, such final decree could only be passed after the accounts taken and for a specified balance, ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....ion the plaintiff cannot establish his title to himself, and (as regard Schedule 2(a)). “The evidence on the side of the plaintiff as regards the benami transaction is very meager. On the other hand, we find from Exhibit D that the plaintiff and his brother defendant No. 2 filed Rent Suit 135 ......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....e premises by 5-7-2000 and this notice was issued on 3-7-2000 and it appears that notice of eviction was issued the Vested Property Authority which is sufficient to indicate that the appellant had no hand in the eviction of the occupier or the delivery of the property to the contempt petitioner. The......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95