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Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....er No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case No.34 of 2008 issuing warrant of arrest against the petitioner for the purpose of civil imprisonment. 2. Material facts necessary for disposal of the Rule, in brief, are as under: Respond...... Md. Aminul Islam, Advocate - For the Respondent No.2. Writ Petition No. 4443 of 2008. Judgment Zinat Ara J.- In this application under Article 102 of the Constitution the petitioner called in question the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ..Category: Civil Law | Date: | Hits: 154
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....ail Appeal No.555 of 2007. Judgment M Moazzam Husain J.- This appeal arises out of a judgment and order dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (sole accused) under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorousimpri......d thereafter taking control of him with his arms and gathering people by shouting is incompaÂtible with the ordinary course of events. It is not clear how they trapped a full-grown armed man in a so-called opportune moment. There is nothing on records to show the exact condition of the room in term......liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ..Category: Criminal Law | Date: | Hits: 84
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....erence) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State................................Petitioner Vs. Rois Khan and another……………………Condemned prisoners Judgment July 12, 2009. Result: The Death Reference No.97 of 2005 is rejected. ......ssessing 24.100 grams of heroin with them. 3. It is the prosecution case that, at about 9.30 a.m. of 20.9.1999, P.W.1, Modabbir Hossain Chowdhury, Director General of Narcotics Control Department, called some high officials of the Narcotics Control Department to meet him at his office at 1, Segun......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. ..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....¦â€¦.Plaintiff-appellant-Petitioners Vs. Mobarak Sheikh and others……………………Defendant-respondent Opposite-Parties Judgment August 26, 2009. Result: The Rule is made absolute. Cases Referred to- 29 DLR 9; 6 MLR 6; 35 DLR (AD) 276; 37 DLR (AD) 202Abdul Jabbar Vs.......t Nos. 3 and 3(Ka). Drawing my attention to the evidence of D.Ws. namely D.W.1 and D.W.2 Mr. Humayun Kabir points out that the D.Ws. are not only made inconsistent stateÂment with regard to their so-called unregisÂtered kabala deed they also could not produce any document in support of their so-ca...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....formed that the cheque was not issued by it and the original leaf of the cheque-book was still with them. The plaintiff bank-branch, however, returned the cheque to the collecting bank stating the reason therefor. 4. By a subsequent investigation the branch of the plaintiff bank discovered ......5.9.1985 in his personal name. After a gap of less than a month he made an application (Exhibit Ka) for converting the account standing in his own name into one in the name of his business enterprise called Messrs Mitali Enterprise. The content of the application is relevant: জনাব, ......ing its position about the address of the account-holder and the introducer. The plaintiff does not have any lawful right to claim the amount from the defendant as the defendant is not liable for the loss sustained by the plaintiff. The suit is, therefore, liable to be dismissed. 8. The sui..Category: Business or Commercial Law | Date: | Hits: 548
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....¦â€¦â€¦â€¦Petitioners Vs. Controller of Imports and Exports and others………………………………………Respondents Judgment February 24, 1997. Result: The Rule is made absolute. Cases Referred to- Authorised Officer of DIT Vs. Abdul Wadud Mallick, 20 DLR (SC) 229......any objection whatsoever as to quality and size to the petitioner, directly lodged complaint to the Export Promotion Bureau, Respondent No.4. The Export Promotion Bureau on the basis of the complaint called for a meeting wherein the Agents of the petitioners submitted all the documents and papers is......all banking facilities enjoyed by the petitioners with Rupali Bank Ltd. Further, the petitioners were compelled to sell stock lot of shrimp valuing Taka 4.29 crore in the local market by sustaining a loss of Taka 2.50 crore. 6. It is further stated that the case was also referred to the Bureau of..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....he plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of the plaint originally belonged to one Rajkamol Shill and Brindabon Shill in equal shares. Rajkamol Shill died leaving two sons, Lalit Kumar Shill and Rajmohon Shill. Brindabon Shill died leaving one son, Kalinath Shill. La......raying in aid the blessings of gods for her husband's soul. She also used to visit different Kali Mondir and Asram of this country in pursuit of his spiritual benefit. 9. Defendant No.2 again felt called to perform religious rituals for the spiritual benefit of her husband, including, offering pi......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. ..Category: Property Law | Date: | Hits: 107
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class suit against heirs of Korban Ali, his father, and hei......e application under Order XL, rule 1 of the Code annexed 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 ResidenÂtial and other premises, nature left unclear. Plaintiff's case as transp......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. ..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
.... in the weighment room. In the midst of noise in the scale room the petitioner had to record the weighment of all the carts in a rough paper. The purpose was to note the weighment of the last cart as soon as it would be received and after adjustment of the weighment of cart and the firewood in the r......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. ......h the first figure‑had there not been any re‑weighment of cart No.30 then his first figure 27 would stand, He did it intentionally for his personal gain. His this dishonesty would cause financial loss and such dishonest person cannot be in the service of the CP. He entered the excess weighment o..Category: Labour and Industrial Law | Date: | Hits: 182
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
.... Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State..............................................Petitioner Vs. Tutul & Fazlur Rahman @ Badal............Condemned-prisoners Fazlur Rahman alias Badal..................Appellant Vs. The State........................Ali at about 11-45 P.M. on 2.6.1998 at the time of lodging the ejahar with Demra Police Station. In this regard P.W.12 Saiful Islam, father of the deceased has stated that in the following morning he called Badsha (P.W.2) and on query about the occurrence he informed that accused Tutul, Golzar, Tufa......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. ..Category: Criminal Law | Date: | Hits: 98
Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
.................................Petitioners Vs. The State & others …………………………………………Respondent Judgment January 10, 1984. Result: The rule is made absolute. Cases Referred to- Shqfiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 3......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......osite parties committÂed theft of ripe aman paddy from the land of the informant party in R.S. Plot Nos.86 and 136 of Mouza Pairong and R.S. Plot No.3875 of Mouza Chechuria, P.S. Banskhali causing a loss of about Taka 9000/- to the complainant. Informant's wife inherited the disputed land measurirg..Category: Procedural Law | Date: | Hits: 130
....of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others ...Respondents
Judgment
November 14, 2012.
Result:
The Rule is made absolute in part.
Case Referred to-
Chairman, Bangladesh Freedom Fighters Welfare Trust and othe......unt of honorarium/allowance.
2. It is contended in the writ petition that the petitioners (57 in number) are disable freedom fighters. Respondent 2 Bangladesh Muktijoddha Kalyan Trust (hereinafter called the Trust) took up a scheme for rehabilitation and assistance of the freedom fighters who wer......t Mirpur battles were still taking place. So, we do not accept the submission of Mr. Paul that petitioner 1 was not injured during the war of liberation. As he (petitioner 1) is disable on account of loss of his leg and fell in previous category ‘2’, at present he will fall in category ‘C’ a..
Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....al Hossain Ahmed J Md. Emdndul Haque Azad J State........................Appellant Vs. Nazma Sarker @ Beauty and 3 others & another absconding convict Ahidul…………..Condemned-prisoners Rokeya Begum & another ..............................Appellants Vs. ......oto. Further he has said that he saw 3 knives and taking delivery of the dead body from the morgue on 25.8.2003, he buried the dead body on 26,8.2003. He has further stated that the Officer-in-charge called him to Thana and asked him whether he knew Rokeya whereupon he replied in the affirmative and......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
.... Dulal Miah @ Dulal @ Nurun Nabi……………………Petitioner Vs. Ruhul Amin and others………………Opposite Party Judgment August 2, 1998. Result: The Rule is made absolute. Lawyers Involved: Mujibur Rahman, Advocate ‑ For the Petitioner. Md. Ruhul Amin, ......Apart from the fact that he admitted in crossÂ‑examination that he filed a case against the accused Jalil who also filed a case against him chal is a weapon with multiple sharp pointed sticks also called konch and would have caused several punctured wounds and not one incised wound as found by th......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..Category: Criminal Law | Date: | Hits: 76
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....ved in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......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. ...... laid section. 9. Under section 32 of the Waqf Ordinance a Mutwalli may be removed for breach of trust, mismanagement, malfeasance or misÂappropriation. He can also be removed for any act causing loss of the Wakf property or preservation of the Wakf and also when he had been convicted under sect..Category: Trust/Waqf Law | Date: | Hits: 134
....Md.)................Petitioner
Vs.
State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents
Judgment
August 10, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Anisminic Vs. Foreign Compensation, etc., 1969 All England Law Repo......r of the currency notes and immediately made a complaint before the Sub‑Divisional Officer while the said officer was in a meeting. It is also the prosecution case that the Sub‑Divisional Officer called him and asked him about it and the accused stated before the said officer that he received th...... 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.
..
Category: Criminal Law | Date: | Hits: 84
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....ng 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 all or any of the other defendants also." 6. In deciding a case under Order 9 rule 13 of the Code of Civil Procedure the Court is requ...... decree was passed for an order to set it aside ; and if he satisfies the Court that the summons was not duty served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon su...... 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. ..Category: Procedural Law | Date: | Hits: 88
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....J Motleb Molla (Md.)……………………Petitioner Vs. Dost Mohammad and others………………………Opposite Parties Judgment March 20, 1997. Result: The Rule is made absolute. Lawyers Involved: Sultan Ahmed with Malik Syed Ahmed, Advocates ‑ For the Petitioner......he Opposite Parties. Civil Revision No.79 of 1989 (Rangpur) Civil Revision No.8450 of 1991 (Dhaka) Judgment Syed JR Mudassir Husain J.- By this Rule defendants opposite parties 1‑4 were called upon to show cause as to why the judgment and decree dated 10‑9‑88, passed by the learned......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..Category: Property Law | Date: | Hits: 77
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....gal Aid and Services Trust (BLAST)………………….Petitioners Vs. Bangladesh and others…………………..Respondents Judgment October 13, 2010. Result: The Rule is made absolute. Lawyers Involved: Tanim Hossain Shawon, Advocate - For the Petitioners. Akram......struction Act, 1952(Act No.II of 1953). Section 18a(1) of the Act provides that the Government may make proviÂsions to Gary out the purposes of the Act and the provisions so made may collectively be called Bangladesh National Building Code, hereinafter referred to as the Code. 24. Section 18A (2......x Star' was assigned to demolish Rangs Bhaban, but they did not comply with the necessary safety measures for demolishing such a Bhaban, which eventually resulted in deaths, serious injuries and huge loss. 9. Considering the frequently occurrence of deaths, petitioner No.1 sent a legal representa..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....¦â€¦â€¦â€¦..Defendants-Petitioners Vs. Md. Muhammad Ali and others…………………………….Plaintiff-Opposite Parties Judgment December 4, 2005. Result: The Rule is made absolute. Lawyers Involved: Md. Mozaffar Hossain - For the Petitioners. Md. Mujibar Rahman wi......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......oning since before the date of filing of the suit, the learned Joint District Judge was not justified in allowing the prayer for temporary injunction. He further submitted that no case of irreparable loss and injury has been made out by the prayer for temporary injunction and if the order of tempora..Category: Civil Law | Date: | Hits: 107
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