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Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....ll record the reasoning for the same but in the instant case, learned Additional Sessions Judge having found on consideration of the materials on record and documents in the case and upon hearing the parties that there are sufficient materials to proceed against the accused and having framed charge ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....llip;(9 & 10) Lawyers Involved: KZ Alam, Senior Advocate, instructed by Md Ahsanullah Patwary, Advocate‑on‑Record‑For the Appellants. Ex-parte-For the Respondent. Criminal Appeal No. 3 of 2002. (From the judgment an......sh Agriculture Research Institute (BARI). The police on receiving the written Ejaher from the then Director General of the BARI registered the aforesaid case on 3‑9‑1998. On completion of investigation the investigating agency submitted charge‑sheet on 15‑9‑1998 under s..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....the writ petition on the averments, inter alia, that pursuant to a grant of a loan from Asian Development Bank toward the costs of Jamuna Meghna River Erosion Mitigation Project and intended to apply part of the loan proceed to payment under a contract for procurement of geo‑textile bags, Banglade...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n 4 of the a foresaid Act and Rule 10 of the aforesaid Rule cannot be considered Violative of the fundamental rights guaranteed under the Constitution. 6. Heard the learned Advocates of both the parties, perused the Writ Petition and its Annexures along with the impugned provision of law. ...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....tion and analysis of the evidence. He next submitted that PWs 3, 4, 5, 7 and 9 and others who are said to be eye‑witnesses stated that the condemned‑prisoner and others caused injury in the lower part of the body of the deceased and this goes to suggest that the assailant had no intention to cau......ceased Khaled in the opinion of doctor was due to shock and hemorrhage as a result of the above mentioned injuries which were ante mortem and homicidal in nature. 4. Police during investigation visited the place of occurrence, seized incriminating articles under proper seizure li..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....bout fifteen (15) years on the day of incident, was captived to lewdness of Md. Awal Fakir who is husband of her elder sister Tara Begum. Rehana Begum was deflowered. She sustained injuries on secret parts and some other parts of her body. She was taken to hospital and there she tasted the icy touch......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....vocate‑on‑Record‑ For the Appellants. Mahbubul Haque, Advocate, instructed by Ahsanullah Patwary Advocate‑on‑Record‑For Respondent No. 2. Ex parte‑ Respondent No. 1. Civil Appeal No. 128 of 1998. (From the judgment ...... Taka 72,541 was missing. A first information report was lodged with Sree Mongal Police Station; the officer‑in‑charge of the Police Station came to the place of occurrence and started investigation; suspected the respondent No. 2 and he was taken to police station for interrogation...Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....is quite competent to take recourse to either revise or some other suitable procedure to reconsider or review or to see correctness of its judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been oth...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....aneous Case No.7500 of 2003. Judgment Sheikh Rezowan Ali J.- On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued calling upon opposite party No.1 to show cause as to why the order dated 26‑5‑2003 passed by the learned Sessions Judg......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
.... 2. Khander Mostafa Selim Husan, Advocate, (appeared with the leave of the Court) instructed by NH Khandker, Advocate‑on‑Record‑ For Respondent No. 6. Ex‑parte‑ Respondent Nos. 3‑5. Civil Appeal No. 29 of 1997. (From the J......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
.... "80. Presumption as to documents produced as record of evidence‑wheneven any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised b......s returning home and accused Foran raped her and Babul helped accused Foran. The informant thereafter lodged ejahar and also took his daughter to Senbagh Health Complex for treatment. The police upon investigation submitted charge‑sheet under section 6(1)/14 of the Nari-o‑ShishuR..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......t Noakhali and on searching his body they recovered one bomb and four bullets from his pocket. He also stated that they have committed dacoity in the market and others fled away. 3. Upon investigation charge‑sheet was submitted under section 19 (f) of the Arms Act and section 5 of..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....hat time is not of the essence of a contract for sale of immovable property and the stipulation requiring payment to be made within 4 months having been given a gobye by the subsequent conduct of the parties, the High Court Division erred in holding that the petitioner committed breach of contract i......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....eous Case No. 3384 of 2003. Judgment Sheikh Rezowan Ali J. - On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued calling upon the opposite party State to show cause as to why the order dated 7‑9‑2002 passed by the Nari‑o‑Shishu Nir......ion report lodged by the petitioner Daudkandi Police Station case No. 16 dated 27‑11‑2001 under sections 8 and 30 of the Nari‑o‑Shishu Nirjatan Daman Ain 2000 was registered. On conclusion of investigation into the case police submitted FRT against the first information report named accused ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....tions 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding possession of the parties. In case of failure to find possession in favour of either party direct the parties under se......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
.... Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....uit for a decree of a bill of Taka 1,37,68,309,47 filed on the averments, inter alia, that the appellant floated a tender in 1978 for construction of Swimming Pool and Gymnasium and the respondent participated in the said tender and its tender was accepted by the appellant as responsive. Accordi......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....lip;(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order of status quo would not become invalid although party violating such order would expose themselves to legal action. For such violation document can......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....ivil Revision No.475 of 1991. Judgment Sharifuddin Chaklader J.- These two Rules arise from a common judgment, as such, this judgment would govern both the Rules. 2. Plaintiff-opposite party filed Title Suit Nos.396 and 397 of 1981 in the Court of Assistant Judge, Sadar, Noakhali for ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
.... abscond or leave the local limits of the jurisdiction of the Court or
(ii) has, after the institution of the suit in which the decree was passed dishonestly transferred concealed or removed any part of his property, or committed any other act of bad faith in relation to his property, or
(......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
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Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
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