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Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......, "Seeking declaration and for damages and compensation." 9.Complainant-opposite-party No.2, contest­ed the Rule by filing a counter-affidavit contending inter alia that he had to retire from the post of Director due to amendment in 2003, of section 15 Kaka of the Banking Companies Act, 1991, wh......rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..

Category: Criminal Law | Date: | Hits: 100

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....rovident fund of the deceased. 2. The respondents filed the application under section 372 of Succession Act, although no section has been mentioned in the application, but the application has been registered as Misc. Case No.23 of 2001 although it has been mentioned in the cause title “ইহà¦......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. ......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

Sohel Monir Vs. State, 1996, 25 CLC (HCD)

.... stated that on 10‑9‑91 he was at the Zia International Airport and received 1600 tolas of gold vide GR No.384/91 dated 10‑9‑91 recovered from co‑accused Sajid Hossain and other alamats and registered those at pages 260/261 of the Register. He further stated that on the same date those wer......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......ate………………………………Opposite Party Judgment December 1, 1996. Result: The appeal is allowed. Cases Referred to- Amir Hossain Howlader and ors. Vs. State, 37 DLR (AD) 139; Abdus Shukur Vs. State, 16 DLR 148; 12 DLR (SC) 156. Lawyers Involved: Yousuf Hossain..

Category: Criminal Law | Date: | Hits: 100

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....nd Habibur Rahman and the transfer effected through a document prepared on stamp paper, the original of which was handed over to purchaser Haider Ali and a photo copy remained with him. the Honda had registered No.Sha‑8536, but he could not say the number of the original, it was 1984 model, at the......lephonic information. Bogra Sadar police started PS Case No.16 dated 25‑4‑90. Inquest was held on two dead bodies by SI of Police Md. Sirajul Islam who then sent the dead bodies to the morgue for post‑mortem examination. Officer‑in‑Charge of the Police Station Alamgir Kabir himself took up...... 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and others Vs. State, 42 DLR 37; Sheikh Ahmed Vs.State, 1979 BSCR (Vol. ..

Category: Criminal Law | Date: | Hits: 131

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....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. ......e of the petitioner at No.7 Gulshan, Road No.55 and entered into the premises in search of the First Information Report named accused Major Khandker Abdur Rashid (who subsequently was promoted to the post of Lieutenant Colonel wherefrom he retired.). It is contended further that the petitioner wante......uty 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 Maniruzzaman Vs. State, 17 BLD (1997) 11; AKM Mohinus Sakh and others Vs. State, 45..

Category: Criminal Law | Date: | Hits: 107

State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)

....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. ......d sentenced the condemned prisoner including the convict appellants relying upon the circumstantial evidences which are found to be not consistent with the evidences adduced in this case and also the post mortem and chemical examination report thereby warranting interference by this Court. He also s......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)

....s speaks of a discretion to be exercised by the Court. In this regard Section 22(1) of the Act reads thus: "22. (1) Effect of memorandum and arti­cles.- (1) The memorandum and articles shall when registered bind the company and the members hereof to the same extent as if they respectively had be......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. ......Association Football Club Ltd. Vs. Football Conference Ltd. and Another, [2004] 1 WLR 2910; Re Kare P. LTD. (Delhi), Company Cases, 276; Kader Textiles (Pvt.) Limited Vs. Md. Lehajuddin Miah, 10 MLR (AD) 2005, 70; Faruk (Md.) Vs. Abdul Hamid, 51 DLR (AD) (1999), 48; Anwar Hossain Vs. Uttara Valley L..

Category: Company Law | Date: | Hits: 177

Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)

....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ...... on 13.02.1978. Thereafter, he was promoted by the Board of Directors of the Water Development Board in 1980 as Assistant Technical Officer (A.T.O). Thereafter, he was directly appointed to a class-I post by the Board of Directors of the Water Development Board on 2.3.1982 as Assistant Director, Gra......ts Judgment July 12, 2006. Result: The Rule is made absolute-in-part. Cases Referred to- Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and other, 45 DLR (AD) 108; Indian Constitution in Shyamlal Vs. State of UP, AIR 954 SC 369; State of Bombay Vs. Saubha..

Category: Employment/Service Law | Date: | Hits: 166

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....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. ......f the ejhar were read over to him and he put his thumb impression thereon. He further deposed that Inspector of police made the inquest report in his presence and sent the dead body to the morgue for post mortem examination. 15. In the cross-examination he deposed that the house of the accused Az......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

Jahangir Alam Vs. State, 2004, 33 CLC (HCD)

....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......trict lodged a First Information Report on 10.8.2002 with the Joydebpur Police Station, Gazipur stating interalia, that his brother Abul Kalam Azad had been working in the Shamim Spinning Mill in the post of a Mechanic since lone. On 8.8.2002 at about 10 P.M. while his said brother was returning hom......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..

Category: Criminal Law | Date: | Hits: 103

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

....d 09.05.1988 distributed the land and accordingly Abdus Salam got 61/2 decimals of land from northwest portion and Abdul Kader got 61/2 decimals of land from north east. Subsequently Abdus Salam by a registered hebanama deed No.8236 dated 16.11.1989 transferred his portion to the plain­tiff, who is....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......s Republic of Bangladesh and others, 42 DLR (HCD) 434; Gadal Chandra Burman and others Vs. Khagendra Barman and others, 53 DLR403; Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 3 MLR (AD) 73; Rafizuddin Ahmed Vs. Mongla Barman and others, 11 BLD (AD) 245; Fazlul Karim Chowdhury (Md.)..

Category: Civil Law | Date: | Hits: 181

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....ing the Chief Metropolitan Magistrate was pleased to send the case to the Paltan Police Station for taking necessary action. After receipt of the Case record from the Court on 28.01.2010 the same was registered as Paltan Police Station Case No.60 dated 28.01.2010 corresponding to G.R. Case No.60 of ......the High Court Division should interfere to quash a criminal proceeding. In that decisions observed as follows: "1. Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. 2. Where the institutio......Petitioner Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- Nazurl Islam Vs. The State, 13 MLR (AD) 157 and 184; Ali Akkas Vs. Enayet Hossain and oth­ers, 17 ELD (AD) 44; Abdul Quader Chowdhury a..

Category: Criminal Law | Date: | Hits: 104

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava repre­sented by its Administrator and others, 2010, 39 CLC (HCD)

....the suit land. They transferred the same in favour of Asgor Ali Shikdar vide oral Heba-Bil-Ewaz in 1940 for their own interest and accordingly, on 7.2.1966 exchange deed being No.841 was executed and registered and Asgor Ali became the owner of suit land. He transferred the same in favour of Amina B...... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ...... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ..

Category: Property Law | Date: | Hits: 105

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

....as follows: "(1) No person shall purchase any immov­able property for his own benefit in the name of another person. (2) Where the owner of any immovable property transfer or bequeaths it by a registered deed, it shall be presumed that he has disposed of his beneficial interest therein as spe...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......C. 206; (1939) All. E.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the People's Republic of Bangladesh, 41 DLR (AD) 165; Smt., Indira Gandhi V. Rajnarain, AIR 1975 (SC) 2299; Md. Ismail Vs. The State, 21 DLR (SC)..

Category: Property Law | Date: | Hits: 134

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymen...... The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bang­ladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. ..

Category: Employment/Service Law | Date: | Hits: 120

Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)

....nces against Farid uddin, Iqbal uddin and Kaisaruzzaman (petitioner) under sections 406/409/420 of the Penal Code and discharged accused Nasrin Chowdhury, Ahmed Chowdhury and Nasiruddin. The case was registered as Special Case No.1 of 2005, pending in the Court of Senior Special Judge, consisting of......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ....... The State..........................................Opposite Party Judgment July 7, 2011. Result: The Rule is discharged. Cases Referred to-  Abdur Rahim Vs. State 48 DLR (AD) 167; Tareque Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, ..

Category: Criminal Law | Date: | Hits: 85

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

.... signature was known to him. This witness proved the F.I.R form as filled in by Officer-in-Charge as Exhibit-5 and his signature therein as Exhibit-5/1. This witness further deposed that Saiful Islam registered U.D. Case No.19 dated 26.8.2001. The informant of the U.D. Case was Abdul Gaffar. On the ......tion whereon police came to the place of occurrence and held inquest on the dead body of the deceased. The photo­graphs of the victim was taken in hang­ing condition. On 31.8.2001 after getting the post mortem examination report the F.I.R was lodged. This witness proved the F.I.R as Exhibit-2 and ...... The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirmed. Cases Referred to- Siddique Munshi Vs. State, 44 DLR (AD) 169; Gouranga Kumar Saha Vs. State, 2 BLC (AD) 126; Ilias Hossain Vs. State, 54 DLR (AD) 78; 12 ..

Category: Criminal Law | Date: | Hits: 97

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....om the period of British Regime. After the State Acquisition and Tenancy Act came into being the suit property vested with the Government. The Deputy Commissioner, Chittagong settled the suit land by registered deed of settle­ment dated 02.05.1978 in favour of Zahurui Alam Chowdhury, the prede­ces......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..

Category: Civil Law | Date: | Hits: 115

Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)

....25B of the Special Powers Act. The offence being triable by a Special Tribunal, the record of the case ultimately came up before the learned Sessions Judge, Ex officio Special Tribunal wherein it was registered as Special Tribunal Case No. 188 of 2004. The case was transferred to the learned Special......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ...... The State........................................Opposite Party Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to-  Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For t..

Category: Criminal Law | Date: | Hits: 104

Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

....ange its status as vessel was considered in the case of European and Australian Royal mail Vs. P & O reported in (1866) 14 LT 704 wherein it has been decided; "A vessel which had formally been registered, but which had all mast, spars and rigging removed except for her lower mast and standing......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..............Defendant Judgment February 15, 2011. Result: The application is rejected. Cases Referred to- M/S. Saleha Still Industries Limited Vs. Tss Pacific Abeto' and others, 35 DLR (AD) 188; Polpen Shipping Company Ltd. Vs. Commercial union assurance Company Ltd., (1943) KB 161; St..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649