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Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....e for us to accept the contention of the learned Counsel for the petitioner that the materials on record do not constitute any offence under section 427 of the Penal Code, particularly in view of the statements made in the GDE by the complainant to the effect that “গত বৎসর এই ......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...

Category: Criminal Law | Date: | Hits: 88

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

...., The learned Advocate, Mr. Nizamuddin Haider submits that the defendants are now estopped from denying the title of the plaintiffs or their predecessor in the suit land in Exts 2(a) and 2(b) and the statements made in them in view of the fact the documents are relevant and admissible in evidence in...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...

Category: Property Law | Date: | Hits: 70

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

....alas to the Investigating Officer who did not seize the same. 22. Mr. Serajul Huq has contended that occurrence did not take place iii the ‘Bichra' as alleged by the prosecution. 23. From the statements of PW 1 appearing in the FIR and his statements during trial he said that the occurrence ...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..

Category: Criminal Law | Date: | Hits: 68

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ound and solvent is not liable to be wound up for the small amount of Tk. 7,07,419.00 and that the company is ready willing to pay the said amount by the order of the Hon'ble Court. The upshot of the statements made by the respondent‑company in the affidavit-­in‑opposition is that the company i......ed and failed to pay rent regularly from November, 1986. On repeated requests the respondent‑company issued an Account payee Cheque dated 9.9.87 for Tk. 2,17,000.00 being part payment of the arrear rents. But the said cheque was dishonoured when it was placed on 8.9.87 for encashment. Thereafter t..

Category: Company Law | Date: | Hits: 190

Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)

..... Gazi Abdul Mannan, AAG with Mr. Basharatul Moula, learned Advocates appeared for the State. 10. First of all we have been taken through the FIR, the depositions of the witnesses, the charge, the statements of the accused under section 342 of the Cr.P.C. and the other materials on record and the......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..

Category: Criminal Law | Date: | Hits: 82

Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)

....s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......b‑plots Nos. 5, 7, 11, 12, 14, 15, 16, 17, 19 and 20 were created in the names of the lessees. The plaintiffs were in possession on the basis of their respective settlement on payment of salami and rents. But the father of the petitioner collusively and fraudulently got 32.50 acres of land out of ..

Category: Property Law | Date: | Hits: 72

Amir Ali & others Vs. State, 1990, 19 CLC (HCD)

....estions that he released the owners of the good's from the truck and arrested the appellants and filed a false case against them in order to save his service. 6. PW 2 Abdur Rashid corroborated the statements of PW 1 saying that on 22.8.85 he and Nurul Hoq accompanied PW 1 to Katchpur bridge and w......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ..

Category: Fiscal/Taxation Law | Date: | Hits: 101

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......tion of the evidence on record and the facts and circumstances of the case. 11. Plaintiffs main case is that he took pattan (settlement) from the ex‑landlord of the suit estate and on payment of rents he has been possessing the same after reclamation of the Suit lands since 25/26 years back. To..

Category: Property Law | Date: | Hits: 101

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....ther supplementary affidavit has been filed on behalf of the added respondent namely, the Government of Bangladesh on 28.7.90. By this affidavit dated 28.7.90 the added respondent has stated that the statements made in the previous affidavit dated 19.7.90 are not correct. The statements made in the ......ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ..

Category: Intellectual Property Law | Date: | Hits: 264

Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)

....on a new cause of action that is on the ground of fraud and in such a case the principle of res judicata is no bar. He further submits that the bar alleged on the other side does not, appear from the statements in the plaint and as such no case of rejection of the plaint has been made out. He has re......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...

Category: Procedural Law | Date: | Hits: 86

Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)

....at the petitioner in his evidence as OPW 3 admitted in cross‑examination that he engaged some boats on that date and he paid Tk. 40.00 for each vote. The learned District Judge also adverted to the statements of the different PWs which were considered by the Election Tribunal to be contradictions ......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ..

Category: Election Law | Date: | Hits: 139

Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)

....ccept the final report and discharge the accused‑petitioner under section 202(2B) of the Code, he is also competent to make an enquiry into the case so as to ascertain the truth or otherwise of the statements made in the FIR and also in the police report the offence complained of being triable exc......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519...

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....arantee as promised by them to meet the claims to UNDP W.F.P. and unless the schedule lighterage vessel is attached, the plaintiff will suffer irreparable loss”. In the plaint itself in paragraph 5 statements were made about the meeting between the officials of the defendants and the officials of ......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240

State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)

.... be sent back to the judicial lock‑up. Since this camion was not given to the confessor their Lordships field that influence of police continued on the mind of the appellant when their confessional statements were recorded. Since no assurance was given to them that they would not be handed over to......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...

Category: Criminal Law | Date: | Hits: 93

Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)

....nd is an agricultural land as the kabala describes the land as "Chashi‑Bhiti". Re further invited my attention to the statement of DW 1 in cross‑examination and other witnesses to show that their statements also support the recital and contends that the land is an agricultural land. This content......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ..

Category: Property Law | Date: | Hits: 95

Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)

....BCD(FI) 260/34 dated 12.1.87 Annexure "E" to the petition directing Respondent No. 1 not to allow any capital finance/working capital finance to petitioner‑company. The petitioners made categorical statements to that effect but those practically go unchallenged from the side of the respondents. In......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ..

Category: Company Law | Date: | Hits: 213

A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)

.... 6, 13 and 15 that P.Ws. 13 and 15 made over cash counts received by them upto to 1‑00 PM of 18.3.86 to the appellant before going for lunch at 1‑30 PM. There is no specific challenge to the said statements of the said witnesses in the cross‑examination of the said witnesses. P.W.13 further st......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..

Category: Criminal Law | Date: | Hits: 91

Abdul Jalil Vs. Bangladesh Steel & Engineer­ing Corporation, 1989, 18 CLC (HCD)

....port (Ext. G) regarding their enquiry under their signatures dated 14.6.83 to the Board of Directors analysing the evidence of the witnesses and made the following finding: "On the analysis of the statements of the witnesses and charges disclosed therein the charges made against Mr. Abdul Jalil h......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...

Category: Employment/Service Law | Date: | Hits: 108

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....ok cognizance and fixed the case for trial as there appears to exist a prima facie case to go to trial. As to the submission of any explanation as under section 7(b) as in para 6 of the petition, the statements of the Government had been that it is not correct and when we asked the Deputy Attorney ......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...

Category: Criminal Law | Date: | Hits: 98

Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)

....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......4 sons and 2 daughter i.e. defendant Nos. 19-25. Amongst the auction purchasers Abdul Jabbar was an intelligent man and the rest of the auction purchasers used to believe him and they all used to pay rents through Abdul Jabbar. The defendant Nos.14 and 15 are the full brothers of Abdul Jabbar. The d..

Category: Property Law | Date: | Hits: 69