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Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ing of factory, the petitioners have incurred serious loss, that the machinery are going to be destroyed due to rush and climaxing changes. So he prays for necessary order to the concerned officer to hand over the factory along with machinery, Rolls and chemicals except food items. 11. Mr. Nizamu......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....d in conformity with the provisions of sections 138 and 141 of the Negotiable Instruments Act is liable to be quashed. 4. The learned Advocate for the opposite party No.1 complainant, on the other hand, submits that the cause of action for filing of a petition of complaint under section 138 of th......able Instruments Act, now let us see whether the payee or holder of a cheque can initiate prosecution for an offence under sections 138 of the Act for its dishonour for the 3rd time after he had sent notes for its dishonour for the 1st and 2nd time under proviso (b) to section 138 of the Act. It is ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....in favour of one Nazrul Islam for Taka 820 on page No.1130301 of the cheque book, who did, however, instead of encashing the cheque, returned the same to the plaintiff. On 22‑3‑1995 the plaintiff handed over a cheque, drawn on page No.1130303, for Taka 3,95,000, to his mother, Mrs. Khorsheda Akt......eedings before us we had an opportunity to examine the cheques in question ourselves and we encountered no difficulty whatsoever to identify the differences without any help of any apparatus. We also noted that a minute, but not invisible, difference also existed in the colour of the two sets of che..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....s abuse of the process and is liable to be quashed. 8. Mrs. Sakila Rowshan, learned Deputy Attorney General along with Mr. Abdur Rakib learned Assistant Attorney General for the state on the other hand, submits that the contention of the petitioner is subject to proof and that the complainant cat...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..Category: Criminal Law | Date: | Hits: 134
....eure situations cease to exist. In that regard, it is further stated that if Reliant is not allowed to so resume performing under the Contracts its reputation shall suffer irreparably. On the other hand, and as submitted by Mr. Mahmood, keeping the Contracts alive pending final decision(s) and awa......isions in Clause 18 dealing with "Fault and Consequences" to claim its absolute right to cancel the Contracts and the forfeiture of all twelve performance bank guarantees, shall prevail. This Court notes that the fact that a determination of such primacy arises as a matter of prime consideration..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....mandatory provision of section 96 (2) of the said Act has deprived them of their right of preemption in the present case. 7. The learned Advocate for the preemptor opposite parties, on the other hand, vehemently contends that the pre‑emptee petitioners were required in law to raise specific o......pplication is not liable to fail for non‑impleading of necessary parties within the period of said 4 months provided such necessary parties are impleaded at any stage of the proceedings. The head‑note in 1 BCR (AD) 59 is wrongly written indicating that necessary parties are to be added..Category: Property Law | Date: | Hits: 155
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......ted the detenu should be seriously dealt with so that in future no such occurrence happens and no innocent person is victimised. 9. The Ministry of Home, Government of Bangladesh will take serious note of the observation of this Court and deal with the matter in accordance with law. Furthermore a..Category: Criminal Law | Date: | Hits: 88
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....riminal Procedure before this Court after completion of the examination of the witnesses and 18-4-2011 was fixed for argument. It shows that the petitioner has not come before this Court with clean hand. 8. In the application for restoration no explanation has been furnished by the petitioner......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....ort on the corpse of the said unknown man, aged about 35 years and sent the dead body to the morgue for post-mortem examination. There were some marks of injuries and violence on the shoulders, right hand and penis of the deceased-Police Sub-Inspector Uzzal Kumar Dey being convinced that the said ...... ক্রয়ের ব্যাপারে টিপুর সাথে আসামী জাকারিয়ার আলাপ আলোচনা হয়.............”। 46. From the above noted evidence of P.W.13 we find how the accused was introduced with the deceased and how a relation..Category: Criminal Law | Date: | Hits: 147
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....o caused service of summons having been dead service of summons upon Defendant nos. 18(ka)-18(gaha) had been proved by O.P.W.5 Md. Helaluddin Khan, a process server. He standing on witness box proved hand writing of Khabiruddin and recitals in service return. O.P.W.5 provided version that Abdul Bare......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
.... the Respondent No.5 raised a preliminary objection as to the maintainability challenging the locus standi of the petitioner submitting, amongst others, that the petitioner has not come up with clean hand and filed the writ petition for the benefit of others and the application is also mala fide in ......s not come within the purview of the Bidhimala, 2002 and accordingly, is not eligible for appointment on promotion to the post of Secretary-in-Charge in the Ministry of Law. 25. We have also taken note of the submission of the learned Advocate for the petitioner referring to paragraph 41 of the A..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....f the respondent-workers is in reality victimization of the workers for their trade union activities. Therefore, the principle expressed in the case reported in 28 DLR (AD) 190 applies to the case in hand. In the case of Chairman, Bangladesh Machine Tools Factory Ltd. Vs. Chairman 2nd Labour Court a......eged, to have been terminated for his trade union activities or unless the worker concerned has been deprived of the benefits specified in that section, (emphasis supplied). 14. It is important to note here that this proviso was amended by Ordinance No, 16 of 1985. Before amendment, the proviso w..Category: Labour and Industrial Law | Date: | Hits: 138
....gh Court Division
(Civil Revisional Jurisdiction)
Present:
Khademul Islam Chowdhury J
District Accounts Officer, Narail and others……………………Petitioners
Vs.
Niranjan Chandra Biswas and others………………………Opposite parties
Judgment
March 24, 2004.
...... no merit in this rule.
The application for condonation of delay for 679 days is rejected.
Accordingly the rule is discharged.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 425.
..
Category: Limitation Law | Date: | Hits: 119
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
.... was deprived of his seniority and that his juniors were placed above him in the gradation list. 5. Mr. Md. Shamsur Rahman, learned Advocate appearing on behalf of respondent Nos. 1-6 on the other hand, submits that after 13 years, the petitioner is now stopped from challenging the amended provis......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..Category: Employment/Service Law | Date: | Hits: 144
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....he writ petition. It shows that the vendor of the petitioner never left Bangladesh after liberation and made a deed of contract with the petitioner in respect of the case holding. 15. On the other hand, the respondent No.2 could not furnish any evidence showing the basis of enlisting case propert......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ..Category: Property Law | Date: | Hits: 107
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
.... said amount. In these circumstances the learned Advocate for the appellant submits that the signatures of the accused on the back side of the cheque in question were not examined and compared by any hand-writing expert with his specimen admitted signature and, as such, it cannot be said that the si......d appellant to see whether those are the signatures of the accused or not. Anybody can write the name of Khadem Ali Akanda on the side of the cheque in question and receive the amount. I have already noted that the defence case is that the accused did not receive the cheque and did not present the s..Category: Criminal Law | Date: | Hits: 88
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....t Sarkar, P.W.6 Abdul Karim, P.W.7 Showkat Ali Molla, doctor P.W.8 Md. Habibur Rahman and Investigation Officer P.W.11 Moshiur Rahman are CS named witnesses and the remaining two namely, P.W.9 Fakir Chandra Gain and P.W.10 Bashanta Kumar Midda are not charge‑sheet named witnesses and P.Ws. 5‑7 w......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..Category: Criminal Law | Date: | Hits: 89
....parties to the litigation or of their lawyers…………(21)
Cases Referred to-
Bangladesh Chemical Industries Corporation Vs. Eastern Bank Ltd. and others, 4 BLC 615; Golam Rabbani Khandaker (Md.) and others Vs. Hamida Bewa Shamsul Sheikh and others, 53 DLR 610; 36 DLR (AD) 1; 36 D......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
.... the judgment-debtor is likely abscond, etc. These provisions of section 51 and Order XXI, rule 37 of the Code are incorporated as a measure of punishment under certain circumstances. On the other hand, section 34 of the Ain empowers the Adalat to detain the judgment-debtor in civil prison (civil......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
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
.... Rani Gupta Vs. Abdul Awal Mia and others, 47 DLR (AD) 45; Atul Gomez and others Vs. Julian Rozario and others, (2001) 6 MLR (AD) 46; Durga Choudhurain Vs. Jawahir Singh, 17 Indian Appeal 122; Nefar Chandra Pal Chowdhury Vs. Shukkur Sheikh, AIR 1918 P.C. 92; Ramchandra Vs. Ray Lingam, AIR 1963 SC 30....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
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