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Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....ellants namely (1) Md. Abul Molla and (2) Md. Tota Mia is directed against the Judgment and order dated 19-11-1992 passed by the learned Assistant Sessions Judge and Judge of the Special Tribunal, Jessore in Special Tribunal Case No.199 of 1992 convicting the appellants under section 25B (1)(b) and ......ent but he had no knowledge of it. 13. P. W.2, Altab Hossain deposed that at the time of occurrence while he was returning from Bazar, he found some police personnel at Kadamtala Barandipara. They called him and informed that some adulterated oil was recovered from the house of Ramij Mia. Police ......l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ..Category: Criminal Law | Date: | Hits: 71
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....owdhury @ Swapan and others…………………Petitioner Vs. The State and another…………………………Opposite Parties Judgment July 21, 2010. Result: The rule is made absolute. Cases Referred to- Zakir Hossain and others Vs. The State and another, 43 DLR (AD) (19......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. ...... cultivators. On 20.04.2003, the accused persons along with 30/40 unknown persons armed with deadly weapons entered into the case land and looted away 500 mounds of salt. The accused persons caused a loss of Taka 1,55,000/- to the complainant party. 3. On receipt of the said complaint petition,..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....ontinue the execution case on 6.5.2008 when sale certificate was issued under section 33(5) and thereby entertained the application of the decree holder issuing warrant of arrest on 12.3.2009 and also on 14.10.2009 without following the provisions of section 51 read with Rule 37 of Order 21 of the......y of the execution case till disposal of Title Suit No.85 of 2009 by its order dated 18.10.2009. The second impugned order dated 18.10.2009 is also well founded in law. No interference is, therefore, called for. 30. We, therefore, do not find any substance in the submissions made by Mr. S.A.M. ......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....nal) Present: Siddiqur Rahman Miah J Muhammad Abdul Hafiz J The State.............................Convict-petitioner Vs. Arman Ali and another.........................Condemned Prisoner Judgment November 4, 2008. Result: The Death Reference No.28 of 2005 is rejected ......f Abul Khayer and 3 others Vs. The State reported in 46 DLR 212 in support of his contention. 17. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record in order to come to a proper decision in t......- in default to suffer rigorous imprisonment for 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. ..Category: Criminal Law | Date: | Hits: 106
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....gladesh 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 2007 is discharged. Cases Referred to- ......October, 1958, the Laws Continuance (in Force)-Order 1958 which came into force on 10 October 1958, ensured that Pakistan remained to be governed, as nearly as possible, in accordance with what was called "the late Constitution". The status of the CHT, therefore, remained the same under the Martia......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. ..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
.... 29.01.2004 passed by the learned special judge, special Tribunal Court No.6, Kishoregonj in Special Tribunal Case No.02 of 2002 convicting the petitioner Soharaf Uddin Sohrab to suffer rigorous imprisonment for 10 years. 2. The facts of the case are that, the informant S.I. of police Abdul Awal ......tifies his signature in the seizure list which is marked exhibit 1 (ka) and P.W.2 identified his signature in the seizure list marked exhibit 2(Kha). 22. P.W.1 stated in his deposition that police called him to the house of accused petitioner and took his signature in a paper. P.W.2 stated that......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. ..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....Respondent-Petitioner Vs. 1. (Ka). Md Rafiqul Islam (Jwell), 1(Kha). Mofizur Rahman (Milton), 1(Ga). Md. Hafizur Rahman (Salim), 1(Gha). Md. Shafiqul Islam (Faruque), 1(Uma). Md. Humayun Kabir, sons of late Afsaruddin of village-Chalna, Post Office-Chalna Madrasha, Police Station and District-......a false claim that the defendant Raza Kha to have executed the same and filed the instant suit. 6. It has been further asserted that the defendant No.3, not being in knowledge of the plaintiffs so called Bainapatra, is a bonafide purchaser for value without notice and as such the suit is liable t......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ..Category: Property Law | Date: | Hits: 119
....1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared to have been made without any lawful authority and to be of no legal effect and also obtained the order of stay of the operation of the impugned judgment and order.
2. The facts o......5(2) of Act IV of 1936, as modified by Act XXVII of 1980.
In fine, we find no merit in this case. This Labour Appellate Tribunal has acted well within its jurisdiction, as such, no interference is called for. Accordingly, the Rule is discharged with cost which is assessed at Taka 10,000.00 (taka ......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
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Category: Labour and Industrial Law | Date: | Hits: 215
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....Khan Rajib..........................Accused-Petitioner Vs. The State................................................Opposite party Judgment January 25, 2011. Result: Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate- For the petitioner Md. Moniruzzaman, As......uding the petitioner alleging inter alia that on 10-12-2009 at 5.30 p.m. while his brother Saiful Islam Munna since dead was standing in front of a fruit shop at Tamsom bridge, then the accused Rabin called him and took behind the WAPDA office. Eventually all the accused murdered him by deadly weapo......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ..Category: Criminal Law | Date: | Hits: 98
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
.... Eddystone Broadcast…………………Petitioner Vs. Government of Bangladesh & Others………………….Respondents Judgment July 22, 2010. Result: The Rule is made absolute. Case Referred to- GM Jamuna Oil Company Ltd. Vs. Golap Rahman, 34 DLR (AD) 166. La......efects as "minor deviation". Evidently this was done purposely only to make a show that they made all bidders responsive notwithstanding technical specifications" and awarded the contract to the so called lowest bidder. From the above findings of fact it is apparent that the tender Evaluation......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
.... cause title “ইহা একটি সাকসেশন সার্টিফিকেট পাইবার প্রার্থনায় দস্তখাত”। 3. Sheikh Sharif Ahmed, son of Sheikh Maqbul Ahmed, who was employee of the Bangladesh Red Crescent Society, while was in se......t of nominee(s), the benefit of the fund on his death will be disbursed to his legal heirs/successors accordingly. Be it mentioned that succession certificate from the competent Court of law may be called for by the Board of Trustees if it is desired by the Board." 15. As we have already notice......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..Category: Civil Law | Date: | Hits: 136
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
.... Jurisdiction) Present: Badrul Islam Choudhury J Abdul Matin J State…………………………………Appellant Vs. Kamal Ahmed……………………………..Condemned‑Prisoner With Kamal Ahmed………………………………Appellant Vs. State………......ended accused in reply to the interrogation by them stated that the motor cycle which they used during the commission of the crime was supplied by a man named Faruque of Bogra town. The witness was recalled and he proved the post‑mortem report. He also stated that on the dead body of Abdur Rashid ......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....………………..Petitioner Vs. State, represented by the Deputy Commissioner, Dhaka………………………Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzama......ut the fact that the materials which the investigating agencies have collected against the petitioner before us are (i) a retracted confessional statement made by the petitioner herself (ii) the so‑called extra judicial confessional statement made by co‑accused Lieutenant Colonel Abdur Rashid, t......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
.... Md. Ali Asgar Khan J Md. Ashfaqul Islam J The State…………………………………………Appellant Vs. Sheema Begum…………………………………………Condemned prisoner Respondent (In Death Reference No.08 of 2001) Sheema Begum……………………………......ith condemned prisoner Seema Begum, his sister-in-law and co-accused Moiful Bibi alias Saiera his Nani Shashuri. In the night at about 11/12 on 14.10.1996 on Sunday the condemned prisoner Seema Begum called her son deceased Delowar and took him in the house of Humayun. His son deceased Delowar did n......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ..Category: Criminal Law | Date: | Hits: 94
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....ents Judgment March 18, 2008. Result: The Application is disposed of with observations and directions. Cases Referred to- Re. H.R. Harmer Ltd., [1958] 3 All E.R., 689; Exeter City Association Football Club Ltd. Vs. Football Conference Ltd. and Another, [2004] 1 WLR 2910; Re Kare P.......ed in this regard that though Mr. Badrudduza has, however, confirmed that the revised audit reports have indeed been antedated and that these shall eventually be placed before an AGM as and when duly called and held, that does not necessarily detract from an absence of any reason or material bef......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..Category: Company Law | Date: | Hits: 177
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....al Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the innocence of the alleged accused till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal tri...... was justified in convicting and sentencing the appellant under section 302 of the penal code. 13. In the face of argument advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record to come to a proper decision in this appea......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....sent: Muhammad Ansar Ali J Abdus Salam................Appellant Vs. Korban Ali and another..................Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Cases Referred to- MA Jahangir and another Vs. Abdul Makk and others, 41 DLR 389; Nuru......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......tor General of Registration were also not aware of such appointment and if the defendant No.1 is allowed to work as Nika Registrar of the said area, the plaintiff‑petitioner will suffer irreparable loss and injury and hence he has instituted the present suit and prayed for permanent injunction aga..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....rs Involved: MA Wahab, Advocate - For the Appellant. Not Represented ‑ For the Respondent. First Miscellaneous Appeal No.131 of 1991 (Dhaka). First Miscellaneous Appeal No.4 of 1983 (Jessore). Judgment Md. Ansar Ali J.- This Miscellaneous Appeal at the instance of the defendant......ia was thus a nullity and it was void ab‑initio. The alleged auction purchaser defendant Nos.1‑3 did not get actual delivery of the suit land. The plaintiff however claimed to know about the so‑called auction sale later on and then filed two Misc. Cases being No.528/73‑74 and 527n3‑74 befo......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....ed……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Result: The Rule is made absolute. Cases Referred to- Foley Vs. Hill, (1848) 2HL case 28; Rupali Bank Vs. Haji Ahmed Sowd......o not find any term like deposit or placement of fund in the said definition. 12. Court below held that amount deposited with financial institution should be treated as loan by whatever name it is called. But the Court below did not assign any reason for coming to the said conclusion. On examinin......osit balance of projects financed by the plaintiff including other purposes and after such adjustment plaintiff had balance of US dollar 7,632,497.29 with the said bank. Plaintiff claimed recovery of loss amounting to US Dollar 2,160,879.72 on account of non‑payment of the amount. Thus the total c..Category: Civil Law | Date: | Hits: 119
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
.... amount to Taka 50,000 totaling Taka 88,62,000 and odd was paid vide two Pay Orders dated 15-6-2008 and the same was deposited with the Government Treasury at Custom House, Chittagong. 4. It has also been stated in the application that respondent No.6 purchased the goods and made the payment note......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......d 16-12-2008. However, in view of the direction passed by this Court on 28-01-2009, respondent No.6 was unable to take further delivery of the remaining goods much to his prejudice and huge financial loss. Hence, the instant application for vacating the Court's order dated 28-1-2009. 5. The insta..Category: Alternative Dispute Resolution | Date: | Hits: 632
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