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Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....ulent cheques. All the vouchers and related documents of the Bank were signed by the Bank employees, defendants 2-3. Since the defendants 1-3 did not appear in the Money Suit, the same was decreed ex parte with costs on 7-7-1997. Thereafter, the decree holder-Bank put the decree in execution by fili...... the impugned Judgment, it appears that the Court below has accepted the contentions of the opposite-parties (petitioners of Misc. Case) regarding "Wasiatnama", transfer by gift etc in toto without investigation as to the genuineness of the claim of ownership and exclusive possession of the said 3..Category: Civil Law | Date: | Hits: 161
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....he appellant Azibur Rahman instituted the aforesaid title suit No.27 of 1981 in the Court of Subordinate Judge, 4th Court, Dacca on 21.1.81 against the respondent No.1 as defendant for dissolution of partnership constituted between him and respondent No.1 and also for accounts. The plaintiff filed a...... application under Order 38, Rule 8 C.P.C. and it was incumbent upon the Court to investigate the claim of respondent before making any order. The learned Subordinate Judge, however, did not make any investigation in accordance the law and did not ask the parties to adduce any evidence and has passe..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....petn. praying for an adjournment for obtaining necessary sanction order against the accd. person from the authority concerned on the grounds stated therein. Heard. Since this is a commission on the part of the prosecution, the prayer for adjournment for obtaining necessary sanction order is allowe...... the tenants and defalcated the same without depositing the amount in the Government Treasury and accordingly a First Information Report was lodged on 18.2.71 against the petitioner. The police after investigation submitted charge sheet on 30.7.79 against the petitioner under section 409 of the Pena..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ence as to how the accused actually misappropriated so much quantity of goods and what he actually did with these goods and whether he was in collusion with anybody or with any other officer of his department namely the District Controller of Food or the Sub-Divisional Controller of Food or with any......1983. Judgment Sultan Hossain Khan J.- This rule has arisen out of an order passed by the learned Additional Special Judge, Chittagong Division in Special Case No.46 of 1981 directing further investigation of the case. Facts necessary for disposal of the rule may be stated thus. 2. Acc..Category: Criminal Law | Date: | Hits: 70
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....963 (WP) Karachi, page54;Meser Ali and another Vs. The State, 26 DLR (1974) 146;36 DLR 14. Lawyers Involved: G. S. Huq - For the petitioner. AKM Mozammel Huq Bhuiyan - For the Opposite party No.1. Md. Nawab Ali - For the State. Criminal Revision No.258 of 1984. Ju......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....or the State. Criminal Miscellaneous Case No. 02 of 1985. Judgment Fazle Hussain Mohammed Habibur Rahman J.- This rule under section 491 Cr.P.C. was issued calling upon the opposite parties (1) Secretary, Ministry of Home Affairs, Government of Bangladesh, (2) District Magistrate......d to the business community of the locality and a potential threat to the peace loving and law-abiding citizens of the society. As a result of his criminal activities charges were submitted after due investigations in Kotwali P.S. Case No.36 (4)/81 under sections 448/380 of the Penal Code, Case No.4..Category: Criminal Law | Date: | Hits: 78
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ...... first information report (FIR). On the basis of that first information report, Araihazar Police Station UD Case No. 13 dated 27-7-2005 was started. BM Forman AH, SI of Police was given the charge of investigation of the UD Case. He took up the charge of investigation, visited the place of occurrenc..Category: Criminal Law | Date: | Hits: 91
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....ahmudul Karim, Assistant Attorney-General - For the Opposite Party. Criminal Miscellaneous Case No.1134 of 2011. Judgment SM Ziaul Karim J.- Supplementary affidavit filed today do form part of the main petition. 2. By this Rule, the petitioners seek bail in Kabirhat Police Station ......ed to the scene and forwarded her to local "Good hill" hospital in critical condition. After recovery she launched the prosecution on 8-6-2010 with the Kabirhat Police Station. 4. The police after investigation submitted charge sheet accusing the petitioners and others under sections 457, 323, 32..Category: Criminal Law | Date: | Hits: 95
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....the full time treatment of Dr. Md. Saiful Islam, who advised her to take full bed rest without anxiety and tension. But the petitioner's transfer order has become a source of agony and tension on her part causing deterioration of her health condition. It is further stated in the writ petition that u....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....im, 42 DLR (AD) 91; Abdullah-al-Mamun Vs. Secretary, Ministry of Land, 10 BLC (AD) 105; Province of East Pakistan Vs. Jogesh Chandra Lodh, 11 DLR (SC) 11; Herama Chandra Battacharjee Vs. Secretary, Department of Revenue, 25 DLR 453; East Pakistan Vs. Jogesh Chandra Lodh, 11 DLR (SC) 11; Bangladesh V......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....b Sarder, 40 DLR (AD) 246. Lawyers Involved: J.B.M. Hassan, Advocate, with Md. Azmol Hayet, Advocate - For the accused-petitioner. Osman Gani, Assistant Attorney General - For the opposite party No.1. Md. Shamsul Huda, Advocate, with Elias Ahamed, Advocate - For the complainant opposi......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. ..Category: Criminal Law | Date: | Hits: 103
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....) 123. Lawyers Involved Khondker Mahbub Hossain with M. Fazlul Karim - For the Petitioners. A.F.M. Hasan Arif, Deputy Attorney General - For the State. S. C. Das - For the Opposite party No.2. Criminal Revision No.12 of 1983. Judgment Fazle Hussain Mohammed Habibur ......ed the present Special Tribunal case No.52 of 1978 on 16.5.78 and took cognizance of the case on the same date by passing the following order: "Heard including learned P.P. Perused. Seen further investigation report. Charge sheet against all the 12 accused persons the be accepted and cognizance..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. ......ance which provided that notwithstanding any amendment made by this Ordinance in the Code of Criminal Procedure, 1898 hereinafter referred to as the Code, any appeal, application, trial, enquiry or investigation which was pending immediately before such amendment takes place shall be continued, he..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....nnocent unless and until it is established by the prosecution beyond reasonable doubt that the accused person is guilty. As regards the burden of proof . . . the point in issue is to be proved by the party who asserts the affirmative and the burden of proof lies on the person who has to support his ......8 dated 14.12.1996 under section 302/34 of the Penal Code. 3. After filing of an ejahar, Pirgonj police station case No.03 dated 14.12.1998 was started. Sub-inspector Ram Mohan firstly took up the investigation who visited the place of occurrence and prepared sketch map with a separate index ther..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....y the deputy Commissioner under this Ordinance." After insertion of sub-section (3) of section 28 it was made more clear that it would be required for the applicant to implead the requiring person as party to his application made under section 28(1) of the Ordinance. Meaning thereby that the requiri......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. ..Category: Civil Law | Date: | Hits: 170
....rom July, 2003.
2. It is contended in the writ petition that the petitioners are valiant Freedom Fighters who fought the war of liberation in 1971 and were injured in different battles. To be more particular petitioners 1 and 7 were injured by bomb shells on their back, petitioner 2 sustained a b...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
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Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....d order dated 17-5-2006 passed by the Court of learned Magistrate, Dhaka, accepting the FRT dated 09-5-2006, the complainant Todd and Kiman filed a revisional application against the accused-opposite party, which was registered as Criminal Revision No.469 of 2006. The learned Additional Session Judg...... the complainant or by the complainant himself cannot be considered as a petition in the eye of law.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude further investigation in respect of an offence after a report under section 173 (1) of the Code has been for..Category: Criminal Law | Date: | Hits: 124
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....(AD) 58 = 58 DLR (AD) 1. 5. Heard the learned counsel of both sides and considered their submissions. We have gone through the petition, impugned order, the different Annexures to the petition and particularly the plaint (Annexure-F) carefully. 6. The moot question that calls for considerati......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....6 Order of appointment of a receiver For passing an order to appoint a receiver, the Magistrate must come to a conclusion, after completion of the enquiry as per section 145(4) that none of the parties was then in such possession or that he was unable to satisfy himself as to which of the part......e as regards the matters of the aforesaid allegation filed under section 145 of the Code. Accordingly an SI of Lohagara police station went to the concerned place, being BS Plot No.10843, and held an investigation. It appears from his report that both these contending parties claim to have purchase ..Category: Criminal Law | Date: | Hits: 105
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....esh Environmental Lawyers Association (BELA)...................Petitioner Vs. Bangladesh...................Respondents Judgment March 5, 17, 2009. Result: The rule is disposed of in part. Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involve...... to higher tidal range, suitable industrial zone for beaching large vessels, cheap labour and slack environmental regulations. VII. Although the availability of safety gear observed during field investigation included gloves, boots, goggles and helmets, often workers ended up stripping entire..Category: Environmental Law | Date: | Hits: 688
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