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State Vs. Rois Khan and another, 2009, 38 CLC (HCD)

....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ...... at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ...... two black brief cases, material exhibits VIII series, the boarder register of the hotel Rajmoni Ishakha, material exhibit IX, the seizure list dated 22.9.1999 at 17.50, material exhibit 2 and his signature, exhibit 2/1, the boarder register of Al-Fahad, material exhibit X, and guest regis­tered-ca..

Category: Criminal Law | Date: | Hits: 112

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ......is Case is also Reported in: 16 BLC (HCD) (2011) 150.  ......he defendant as the collecting bank has hardly any scope to test the genuineness of a cheque presented for collection. It is the paying bank which is posted with the facilities to compare the signature and/or endorsements appearing on the cheques and be satisfied about the genuineness or otherw..

Category: Business or Commercial Law | Date: | Hits: 548

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......ords at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......rror of law having failed to take into notice such a decisive piece of evidence. We are not persuaded to agree with Mr. Quayum for the precise reason that the revenue records of the government by its nature does not squarely correspond to the intricacies and peculiarities of title of a person attach..

Category: Property Law | Date: | Hits: 107

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......xed as annexures A & B respectively, to an application for stay earlier made by the appellants that the land in schedule Kha comprises a hotel called- Gani Hotel Residen­tial and other premises, nature left unclear. Plaintiff's case as transpires from the plaint and application as aforesaid, pa..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......esaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......l opportunity to defend his case and he cross examined the prosecution witnesses who were examined in his presence. It has been denied by the respondent Nos.2 and 3 that the Enquiry Committee took signature from petitioners on 17/18 blank papers under coercion and submitted that thepetitioner actual..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......hat before the circulation of the impugned administrative circular promotion was made on the basis of performance of officers as reflected in the ACR which is objective and interview is subjective in nature. 3. The Rule is being contested by the respondent Nos. 1-3 by filing an affidavit-in-oppos..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......er Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......rtem Examination on the dead body of the victim Rony and opined that the death was due to asphexia as a result of strangulation by a ligature mark on the neck which was ante mortem and homici­dal in nature. Thus, it is apparent that the victim Rony was done to death in the manner as alleged by the ..

Category: Criminal Law | Date: | Hits: 98

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......e with law within shortest possible time. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......by which the Appellate Division affirmed the judgment passed in Writ Petition No.2183 of 2004 and dismissed Civil Petition for Leave to Appeal No. 1159 of 2007 with some other civil petitions of same nature. In doing so the Appellate Division relied on two passages of the impugned judgment of the Hi..

Category: Constitutional Law | Date: | Hits: 237

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....oor woman who had been serving in the house of deceased Hanif Sarker as maid servant and she has been made a scapegoat in this case and that in the circumstances her said confessional statement being exculpatory and involuntary in nature, no conviction can be based thereupon and as such the impugned......to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......in the house of deceased Hanif Sarker as maid servant and she has been made a scapegoat in this case and that in the circumstances her said confessional statement being exculpatory and involuntary in nature, no conviction can be based thereupon and as such the impugned order of con­viction and sent..

Category: Criminal Law | Date: | Hits: 99

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......thers Vs. Safurulla and others, 14 BLD (AD) 20; Maulana Abdul Karim Vs. Nurjahan Begum and others, 38 DLR 361. Lawyers Involved: Osman Gani, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For Opposite Parties. Civil Revision No.2250 of 1994. Judgment Gour Gopal ......ptee. This point was never raised before the trial Court as well as before the appellate Court and for the first time it is being raised before this Court. In the facts of the case and in view of the nature of evidence on the question of improvement I do not find any reason to award any improvement ..

Category: Property Law | Date: | Hits: 91

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ...... Jurisdiction) (Jessore Bench) Present: Abdur Rahman Chowdhury J Anwarul Hoque Chowdhury J Mrs. Nadira Rahman…………………………………Petitioner Vs. Sayed Amir Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The ...... would not look after her father at his old age out of any malafide design. That would not be the general ordinary con­duct of a daughter or for that matter of any children as being foreign to human nature. If not proved to be otherwise being an exception in a given case of which normal human condu..

Category: Trust/Waqf Law | Date: | Hits: 134

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

.... the charge as leveled against him. The accused is to be discharged from his bail bond immediately. Communicate this order at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 417. ......to be discharged from his bail bond immediately. Communicate this order at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 417. ......quiry in question. But there are many cases where, although the tribunal had jurisdiction to enter on the enquiry, it has done or failed to do something in the cause of the enquiry which is of such a nature that its decision is a nullity. It may have given its decision in bad faith. It may have made..

Category: Criminal Law | Date: | Hits: 84

Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)

....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......shabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......suit relating to or arising out of the five matters including maintenance, but as section 488 CrPC does not empower the Magistrates to entertain, try and dispose of any suit, i.e. any matter of civil nature, power of the Magistrates under section 488 CrPC has not been ousted consequent to the establ..

Category: Family Law | Date: | Hits: 133

Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)

.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ......Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ......ecree as against him upon such term as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only, it may be set aside as against al..

Category: Procedural Law | Date: | Hits: 88

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......o the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ...... that in 2002, the peti­tioner shifted its business from Dhanmondi to its Head Office, Gulshan as stated in the cause title when the petitioner shifted from Dhanmondi the petitioner also changed the nature and character of its services into supplier, i.e. যোগানদার(Procurement Provid..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)

....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ...... Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......e same com­plainant party having filed a civil suit, being Other Class Suit No.26 of 2003, this subse­quent proceeding was an abuse of the process of the Court and that the dispute was one of civil nature. However, in the aforesaid Criminal Miscellaneous Case No.4745 of 2004 a division bench of th..

Category: Criminal Law | Date: | Hits: 54

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....gistrate, First Class, on 13-08-1996 to the effect that he along with Accused Talu and others killed the victim Biplop by strangulation and kept his dead body under the earth. 48. Though he made a exculpatory con­fessional statement. But after his arrest, he made an extrajudicial confession to P......or 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ...... Magistrate in Meherpur on 12-08-1996 who deposed that the dead body of the victim was recovered; that inquest was prepared his presence and the inquest report which is marked as exhibit-1 and his signature therein is marked as exhibit 1/1. 25. P.W.6, Yer Ali, testified that accused expressed bef..

Category: Criminal Law | Date: | Hits: 106

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......rit Petition No.6451 of 2007) Vs. Bangladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of ......ll steer clear of any inter­ference with or any determination of any such political settlement or question. It is empha­sized in this regard by the said Respondents, that the Peace Accord is in the nature of a political agreement or memorandum of settle­ment entered into and executed in pursuance..

Category: Constitutional Law | Date: | Hits: 314

Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediate­ly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......scharged. Let the LCR be sent down immediate­ly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......t. But this power must be exercised very sparingly, cautiously and only in exceptional cases keeping in view the facts and circum­stances of each and every case. The inherent power, which are in the nature of extraordi­nary power, has to be pressed in aid when there is an flagrant abuse by subordi..

Category: Criminal Law | Date: | Hits: 99

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......anted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......shall confirm him in the post." 9. Section 4(2) of the Employment of Labour (Standing Orders) Act, 1965 is to the effect: "(2) The period of probation for a worker whose function is of clerical nature, shall be six months and for other workers such period shall be three months, including break..

Category: Labour and Industrial Law | Date: | Hits: 265