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Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ...... 15 days time, but in the present case according to petition of complaint notice was served giving 7 days time which is apparent non compliance of section 138 of the Act. Secondly, in order to make a person liable under section 138 of the Act, the payee of a cheque has to give notice in writing to t..Category: Criminal Law | Date: | Hits: 103
....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
......ed.
The Constitution of Bangladesh, 1972, Article 102
The General Clauses Act, 1897 (Act No. X of 1897); section 3 (28)
Under Article 102 of the Constitution writ may be issued directing a person performing functions in connection with the affairs of the Republic or of a Local Authority. ..
Category: Election Law | Date: | Hits: 600
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......1, sChittagong who receive the same on 16-5-78 and took cognizance of the offence on the same day. After trial Mr. Md. Mahbubur Rahman, Special Tribunal No.III, Chittagong acquitted all the accused persons, namely, Sakya Pada Barua, Fazlul Huq, Nurul Mostafa, Nurul Amin (the accused petitioners)..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be 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: 14 MLR (HCD) (2009) 181. ......he State…………………………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until it is established by the prosecution beyond ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......lute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of the Bangladesh Constitution, which is dealing with right to protection of law to any person includes juristic person also.………………..(20 & 22) Since it has already been ..Category: Civil Law | Date: | Hits: 170
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......an, learned Advocate appearing for the petitioners submits that the honorarium/allowance which is being given to the petitioners is not at all sufficient to meet their necessity, whereas they are the persons who made this Country and did not fear even to loss their life for creation of this Country...
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......eport, nor submission of the FRT creates any vested right in the accused…………………(19) In the case of an allegation of committing an offence that requires guilty mind, it is the natural person responsible for such act who is called upon to answer the charge and is liable to be brought ..Category: Criminal Law | Date: | Hits: 124
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......rjee and Abdul Kader and the petitioner also collected the Khatian of the property as claimed by Abdul Kader mentioned in the exchange deed wherein it is found that those properties belonged to other person and also to the Indian government. The deed of exchange is collusive document which was neith..
Category: Procedural Law | Date: | Hits: 165
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......red to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involved: Fida M. Kamal with M. Iqbal Kabir, Advocate - For the petitioner. Ms. Syeda Rizwana Hasan, Advocate - In person. Md. Nazrul Islam Talukder, Deputy Attorney General with Ms. Nowazish Ara Begum, Ass..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......Rajapur village was also accompanied with them in the same rickshaw which has a hurricane in it. At about 23-10 hours when their rickshaw reached to the eastern side of the Jurain Bridge suddenly 2/3 persons being armed with dao, cheni etc came from behind a tree and after stopping their rickshaw an..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......ir Hossain J Dolon (Md.)………………………….Appellant Vs. State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evi..Category: Criminal Law | Date: | Hits: 99
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......explain and interpreted the law enacted by the Parliament. In numerous decisions, this Court as well as of our Apex Court came to a conclusion that unless or until the Parliament amended the law or a person can show that any provision of law is ultra vires the Constitution of the Republic, this Co..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......t the petitioner has not come in clean hands before this Court. He further submits that the company will run into stalemate if the provisions regarding quorum is kept as it is presently requiring the personal presence of all 4 members, in person, for holding the General Meetings as well as for holdi..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......osite Party Judgment November 3, 1997. Result: The Rule is discharged. Words and Phrases Abscond and absconder The primary meaning of the word ‘abscond’ is to hide and when a person is hiding from the place of residence he is said to be absconder. In the Concise Oxford Dicti..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ...... No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the same for such time as it thinks necessary for the public safety…………..Category: Criminal Law | Date: | Hits: 77
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ...... the registered kabala deeds. 11. Mr. Haque, the learned Advocate next drew my attention to the LTI appearing on the second page of the disputed deed (Exhibit 1) and to the other LTI's of the same person appearing on page 1 and 3. 12. Mr. Haque submitted that the LTI appearing on the second ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......t provides that; "Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist: When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......vant provisions of the said Ain, the impugned order is null and void. 6. Mr. Md. Khurshid Alam Khan further submits that the Mobile Court Ain does not contemplate lodging of any complaint by any person and there isno scope for submission of any prosecution report against an accused and there is..Category: Criminal Law | Date: | Hits: 81
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