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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. ...... 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. ......d and further the petitioner was restrained from submitting any complaint to any law enforcing agency including the RAJUK. The decision purports to be an outcome of a conciliation meeting, but the signature portion of the petitioner in the decision is vacant. However taking advantage of such decisio..Category: Civil Law | Date: | Hits: 74
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under secÂtion 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. ......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. ......to the arbiÂtration clause in Annexure-B to the application and placed the same side by side with the arbitration clause as referred to in the Dozco case and submits that both clauses are similar in nature and that accordingly present application is not maintainable. 12. I have perused the appli..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... 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. ...... upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......, 2012. Result: The petition is allowed in part. The Companies Act, 1994 (Act No. XVIII of 1994); section 233 The jurisdiction under section 233 of the Act is regulatory and preventive in nature and this jurisdiction is to be exerÂcised to protect interest of the minority shareholders f..Category: Company Law | Date: | Hits: 129
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Emdadul Haque J Nurul Islam Shaikha and others……………………….Petitioners Vs. Shahadat Hossain & others…………………………Opposite Parties Judgment March 14, 2011. Resu......ipulates that certain gift or Heba are exempted from pre-emption, but not a "Heba-bil-Ewaz for pecuniary consideration". A document of Heba-bil-Ewaz has to be treated as a contractual document in the nature of sale and the law of contract is applicable to such a document………………………â€..Category: Property Law | Date: | Hits: 139
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....is said to be voluntary and true when it appears on reading of the confessional statement that the maker accused took active part in commission of the offence. This confessional statement is not only exculpatory but at the same time it speaks an unholy connection with the informant to make it a tota......s 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. ......s accidental, suicidal or homicidal. The report must contained the place from where the dead body was recovered, in what condition the dead body was found, the number of injuries on the dead body the nature of injuries and the nature of weapon found, whether the earth under the dead body was soaked ..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... 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. ......e 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. ......n the right chick measÂuring 32 x 12. 34. Death of deceased in his opinion was due to shook and intracranial hemorrhage as a result of injuries stated above which was ante mortem and homicidal in nature. 35. In the cross-examination, he stated that he found two injuries on the head and one in..Category: Criminal Law | Date: | Hits: 84
....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.
......
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......ther submitted that the Court below erred in law in not holding that the defendant appellants could not be held liable to the plaintiff for shortage of goods since the goods of Tallow are evaporating nature and the carrier is not liable any shortÂage of 211 metric tons under the carriage of goods b..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... 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. ......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. ......crepancies should not be overemphasized. Where the presence of eye-witnesses could not be secured at all, that would not prevent the prosecution from relying on the evidence, though circumstantial in nature, and if such evidence is sufficient to bring home the guilt, the conviction should follow in ..Category: Criminal Law | Date: | Hits: 92
....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.
......e Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......n of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is now regarded as rights and the g..
Category: Others | Date: | Hits: 113
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
....ce 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 and subsequently it was retracted. Moreover, the learned Ma......s 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. ......y perused the deposition of the witnesses and other materials on record. P.W.1 is the informant of the case. He in his deposition reiterated the FIR story and accordingly exhibited the FIR and his signature. 8. P.W.2 Abdul Malek is a cloth trader upon whom an attempt of dacoity was made. He in hi..Category: Criminal Law | Date: | Hits: 86
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......ed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......on and cross-Âexamined by both sides. 25. P.W.2 Abdul Khaleque being witness in seizure list (Exhibit 4) stated in-chief that Daroga did not seize anything in his presence, but he admitted his signature on Exhibit 4. During cross-Âexamination by State P.W.2 stated that Daroga seized blood stain..Category: Criminal Law | Date: | Hits: 93
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ...... at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......fore the Court for holding trial within the prescribed period of time. No process of the Court got any importance for execution by the Police so long. This is very unfortunate in this case of serious nature. It may be mentioned here that there is specified period for concluding trial of a criminal c..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....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. ...... 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. ......ded by our Appellate Division and reported in 38 DLR (AD) (1986) 60. Though the facts of that case are not similar to the present one, the observations made by their lordships in para-6 is general in nature on the interpretation of clause(c) of section 195(1). The observations are quoted below: ..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to postpone trial of a case under sec..Category: Procedural Law | Date: | Hits: 128
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......e lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......ch in appreciation of evidence let in to drive home guilt of accused person…………...………(26) It is always to be remembered that justice delivery system cannot be carried away by heinous nature of crime or by gruesome manner in which it was found to have been committed and graver the ch..Category: Criminal Law | Date: | Hits: 74
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ...... 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......disqualified for election three criterions must be fulfilled: (a) That he is holding an office; (b) That office is an "office of profit." (c) That office is a "statutory public authority" in nature. 15. The words "statutory public authority" under Article 2(Xiao) of the Representation of..Category: Constitutional Law | Date: | Hits: 466
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......ord along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......ayment of loan amount and interest to the bank and, as such, there are no ingredients of crimiÂnal offences punishable under sections 406/420 of the Penal Code; rather the allegations being of Civil nature, no criminal proceeding lies and, as such, the impugned proceeding should be quashed. In this..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... Family Courts Ordinance is available only to the Muslims. Mr. SS Halder submits that Article 41 of the Constitution of the People’s Republic of Bangladesh has given a right which is fundamental in nature to the citizen to profess, practice or propagate any religion and the same right cannot be cu..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......e all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......dow of doubt on the basis of clear cogent, credible and unimpeachable evidence, question of indicting or punishing an accused does not arise, Justice delivery system cannot be carried away by heinous nature of crime or by gruesome manner in which it was found to have been committed. In appreciating ..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......n 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ...... on the basis of the recommendation of the Cabinet Committee as approved by the Prime Minister vide aforesaid Memo dated 8-5-94. The High Court Division's misconception was there but the misconceived nature of the petitioner's writ petition was equally showing. Unfortunately, the High Court Division..Category: Constitutional Law | Date: | Hits: 334
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