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Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....asonable doubt and, as such, the impugned Judgment and order of conviction being fair and legal should be upheld. 12. Now, in order to appreciate the submisÂsions of the learned Advocates for the parties, let us first go into the evidence on record. 13. P.W.1 Dula Miah testified that he could......disclosed the name of the absconding accused as Jashim and Shahidullah. Thereafter, on 19-4-2001 at about 1-15 AM, P.W.4 lodged the FIR orally and hence the case. 4. Then the police took up the investigation, visited the place of occurrence, prepared sketch map along with Index of the place of..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....6-10-2004 when was on Patrol duty for recovering unauthorized arms and arresting the miscreants of Demra, Sabuj-Sutrapur, Motijheel, Khilgoan Shyampur and Narayanganj area, at that time the informant part came to know that a man was waiting in the garage 1 of Shah Alam of Khahipur Bangla Bazar under......nded him. 27. P.W.9 Sepoy Md. Abdul Monaf, P.W.10 Sepoy Sarwar Hossain and P.W.11 Sepoy Aman Ullah were tendered and the defence declined to cross-examine them. 28. P.W.12 SI Serajul Islam, the investigation officer deposed that the FIR was lodged on 6-10-2004 and he forwarded the accused befo..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....€¦Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………………Respondents Judgment July 3, 2008. Result: The Rule is made absolute in part. Lawyers Involved: Zulhas Uddin Ahmmed, Advocate - For the petitioner. A. J. Mohammad......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....(Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Wahed Ali………………………….Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- ...... 22. 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: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....tion 3(1) and secÂtion 3(4) of the Act barring the Court from granting an order of injunction is limited and applicable to the arbitration being held in Bangladesh but not as to matter restraining a particular party from proÂceeding in an arbitration in a foreign country in respect of foreign cont....... Accordingly, the application under secÂtion 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. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....…………Petitioner Vs. Registrar of Joint Stock Companies and Firms and others………………………..Respondents Judgment July 31, 2012. Result: The petition is allowed in part. The Companies Act, 1994 (Act No. XVIII of 1994); section 233 The jurisdiction under sect...... 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. ..Category: Company Law | Date: | Hits: 129
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
.... denied the suggestion that due to lower price he did not receive the Garlic from the Bank. He admitted that he knew about the tender dated 9-8-1987 but he denied that due to rotten Garlic he did not participate in the auction sale. In his cross-examination he replied that in the month of October, 1......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....Calcutta Series-page-754; Ranee Khujooroonissa Vs. Roushan Jehan, (1876) LR.31 A.291. Lawyers Involved: Md. Abdul Haque, Advocate - For petitioners. Sufia Khatun, Advocate - For the opposite party No.1. Civil Revision No. 3861 of 1994. Judgment Md. Emdadul Haque J.- The unsigned Ju......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. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
.... (Civil) Present: Md. Abdul Wahhab Miah J Afzal Hossain Ahmed J Md. Shahidul Islam………………………Petitioner Vs. Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage......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. ..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....; Judgment Moyeenul Islam Chowdhury J.- On an appliÂcation under section 561A of the Code of Criminal Procedure, 1898 filed by the petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the order of conviction and sentence dated 8-2-2011 passed by the Upaz......eceived a written complaint from the Surveyor Ajoy Kumar Das, directed the Officer-in-Charge of Jamalganj Police Station to get the alleged offence investigated by a Sub-Inspector of Police and after investigation, the Sub-Inspector of Police submitted a prosecution report against the petitioner and..Category: Criminal Law | Date: | Hits: 81
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... Md. Abdul Wahhab Miah J Syed Abu Kowser Md. Dabirush Shan J Uzzal and Golam Rasul alias Mamun…………………Accused-Appellant (in jail) Vs. The State…………………Opposite party Judgment February 6, 2006. Result: The appeals are allowed. Case Referred to -......bibur Rahman and other witnesses present the P.W.2 seized the arms after preparing a seizure list and after handing over the accused persons to the thana he lodged the First Information Report. After investigation the police submitted charge sheet against the accused persons under section 19A of the..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....¦â€¦â€¦â€¦â€¦.(126) Confessional statement A confessional statement is said to be voluntary and true when it appears on reading of the confessional statement that the maker accused took active part in commission of the offence. This confessional statement is not only exculpatory but at the sa......ion wants to hide something………..……(125) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 174 Inquest Report Inquest report under section 174 Cr.P.C. is an official investigation into an incident, especially an inquiring into a sudden and unexpected death. It is a ..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....le doubt The provision of law regarding burÂden of proof is that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence particularly those in favour of the accused should be placed before the court. It is a course not ob......ighbouring people came there, then the accused persons went away and the witnesses somehow appreÂhended accused Enamul with lathi. 4. Sub-Inspector Abdus Samad, Poursha Police Station took up the investigation and after completion of investigation, he submitted the charge sheet being No.19 dated..Category: Criminal Law | Date: | Hits: 84
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
...............................(39) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 103 The object of the provisions of section 103, CrPC is to ensure conducting of search in an impartial way and fair manner and also ensure that there is no planting of incriminating articles by t......waist of the lungi and recovered some other goods; that there was exchange of firing for about 15 minutes before he was nabbed. 3. The informant, Inspector Sheikh Abdul Mannan himself, took up the investigation of the case and before he could complete the same he left the station on transfer and ..Category: Criminal Law | Date: | Hits: 92
....absolute discretion and it is also in the practice that in the event of allowing any such right, the normal procedure is to call for competitive bids to get a better price and to show fairness on the part of the availability of the parties interested in setting up of container terminals, at least du...... negligence on the part of the officials and the persons involved, on the face of the record, as discussed above, and the tendency to avoid the process of competitive bids, we are of the view that an investigation need be made to look into the matter in depth whether the officials and persons involv..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....€¦a right of appeal is not merely a matter of procedure. It is a matter of substantive right. This right of appeal from the decision of an inferior tribunal to a superior-tribunal becomes vested in a party when proceedings are first initiated in, and before a decision is given by the inferior Court.......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....r time than the normal process of realisation of loan and hence the Bank or Financial Institution will be more cautious and careful for early disposal of the Execution Case without any fault on their part……………………………..(20) Case Referred to- Khurshed Alam Vs. Judge of the A......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......Information Report was lodged which gave rise to Dhamrai Police Station Case No.3 dated 9.01.1996. 3. Thereafter, the case was registered as G.R. No.26 of 1996 and the police, on completion of the investigation submitted charge sheet on 31.5.1996 against 5 persons including the appellants under s..Category: Criminal Law | Date: | Hits: 86
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....riminal Miscellaneous Case No.1709 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of criminal Procedure was issued upon the opposite party to show cause as to why the proceedings in Metropolitan Sessions Case No.2439 of 2006 arising ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....thers……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal and Jail Appeal No.2783 of 2011 and Jail Appeal No.208 of 2006, Crimin......on and accordingly Moheshkhali Police Station Case No.11 dated 26-8-1996 correÂsponding to GR No.2612 of 1996 were started. The case was investigated by the Investing Officer who after completion of investigation submitted police report under sections 395/397/400/302 and 34 of the Penal Code recomm..Category: Criminal Law | Date: | Hits: 158
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