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Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....ttal of accused petitioner Jalaluddin. 3. The short facts that will be necessary for disposal of both the Rules, are that the petitioner Jalaluddin was put on trial along with other 10 accused persons in Manikganj P.S. Case No.14(6)/79 under sections 395/397 of the Penal Code. It appears from......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....great length of time it was he who carried on the negotiation with the Bangladesh Bank for establishment of a proposed Bank. It is his further case that he was surreptitiously left out and some new persons were inducted in the Bank leaving him out and thereby injuring his potential right to be inc......atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......l Islam with Abdur Razzaq, Advocates—For the Petitioner. Mohammadullah, Advocate—For the Opposite Party No.1. Civil Revision No.164 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dat......atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103...Category: Business or Commercial Law | Date: | Hits: 282
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
.... 3. The short fact leading to Criminal Revision No.1127 of 1994 is that on 16.4.93 accused-petitioner as informant lodged First Information Report with Tungibari Police Station against 33 accused persons alleging that over election of two teachers representatives of a local High School there was......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ...... passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....ain was beaten by the butt of the gun of accused Lokman Miah. Both Jahangir and Nur Alam were sleeping in the shop of one Gafur. Police entered into bank but no public entered there. At that time 3/4 persons entered into the bank and in their presence surathal report was prepared and alamats were se......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......ions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal Case No. 64 of 1990. 2. It appears that First Information Report was lodged against the accused persons on 3.1.90 under section 19(a) and (b) of the Arms Act. Investigating Officer having failed t......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......scharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
....on 4.11.89 acted illegally in receiving the case on 1.1.90. 4. Learned Assistant Attorney-General submitted that trial of the case could not be started due to non-appearance of some of the accused persons including the petitioner and, such as, proceedings of the case cannot be said to have been s...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......t of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146...Category: Procedural Law | Date: | Hits: 99
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
....lowing facts are relevant for the disposal of the rule. One Molla Younusur Rahman on 24.3.91 lodged a First Information Report with the Daulatpur, Police Station District Khulna alleging that accused persons named in the First Information Report along with 10/12 other persons armed with Ram‑dao, a...... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......gnizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143....... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143...Category: Criminal Law | Date: | Hits: 92
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....appellant to inform his mother that he would not live. Therefore it cannot be presumed that appellant was the assailant. 8. P.W.8 and P.W.9 are the Magistrate who proved the statements of certain persons including P.W.2 and P.W.7 recorded by them under section 164 of the Code of Criminal procedu......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......kat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....rt have been stated (which is annexure-D )to this revisional application. Petition under section 151 CPC was made after long time of passing the decree. Admittedly no other remedy is available to the persons aggrieved. So no question of the time elapsed, but question whether section 151 CPC embraces......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141....... Advocate ‑ For Petitioner. Md. Abdul Halim with Md. Md. Enamul Huq Advocates - For the opposite party. Civil Revision No.322 of 1993 Judgment Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s B......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... of paper without any signature. Mr. Hamidul Huq, Executive Vice‑President of the Bank, requested the respondent No.6 to put his signature on that sheet of paper which contained 5 points. But those persons, who came to make inquiry, refused to put their signatures and then hurriedly left the offic...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......aying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582....... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....r of injunction from the civil Court. While the suits were pending Sukur Pradhan and 12 others on 26.8.89 filed a petition direct to the former President claiming that they were the original affected persons of the land and offered highest bid money of Tk. 1,93,550.00 per katha at the auction held e......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......o hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....s husband and wife by virtue of Talak-e-Towfiz. On 12.4.87 while her mother was returning home with the child in a rickshaw from Rose Anne Centre School at Banani, the petitioner with the help of 4/5 persons kidnapped her said minor son against her will. Thereupon she informed the Gulshan Police S......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......ding in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516...Category: Family Law | Date: | Hits: 255
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....e that the taxing officer was aware that the petitioner did not do business in Bangladesh. The principal office in Korea might have sent their products to Bangladesh for business purpose to different persons through opening of LCs. The Korean products or the products of this corporation may have bee......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......foresaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...Category: Fiscal/Taxation Law | Date: | Hits: 254
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
.... those other branches of the law, is concerned with questions of liability. Tortuous liability as defined by Winfield arises from the breach of a duty primarily fixed by the law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages. An action fou......s caused to the estate the action may be brought by quite different persons such as creditors, legatees other beneficiaries although ordinarily the dependants of the deceased will also be the persons interested in the assets of the deceased. In such event both the causes of action may well be combin......down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......liable by punishing the wrong doers do not at all being any fruitful result to the survivors of the deceased. It is also suggested the Government not to issue driving Licence to anybody who has no education and no basic qualification to be a driver but to a person who has at least some education ..Category: Civil Law | Date: | Hits: 339
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
.... weapon while accused Kohinoor, wife of accused Abdul Aziz was hitting the informant's son with a hammer in the Courtyard in front of her room. That when the informant raised alarm, the accused persons having inflicted severe injuries on the person of her son with sharp cutting weapon and hamm......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....14. The third decision cited is 39 DLR (Appellate Division) 111, Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and others. In this case the High Court Division impleaded two persons as respondent Nos.6 and 7 in a Writ Petition on consideration that they were in possession......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ................Opposite Parties Judgment February 11, 1988. Result: The Rule is made absolute. Cases Referred to- Mst. Jahanara Begum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ay......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....is maintainable or not. A reference to section 34(3)(4) of the Ordinance shows that an Arbitration Appellate Tribunal shall consist of a Member who shall be appointed by the Government from amongst persons who are or have been District Judges and the decision of the Arbitration Appellate Tribu......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ....... - These three Rules are heard together and are disposed of by this Judgement as they arise out of the same judgement passed by the Member. Arbitration Appellate Tribunal and District Judge, Dhaka in Arbitration Appeal Nos.1/87 and 2/87 allowing in part and modifying the Award passed by the Arbit......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....shment. Such opportunity was denied to the respondent in the instant case. Admittedly, the respondent was not allowed to lead evidence in defence. Further, he was not allowed to cross-examine certain persons whose statements were not recorded by the Enquiry Officer (opposite party No.1) in the prese......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......, Advocate— For the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Titl......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....ously may require investigation by the police for an indefinite period, the Magistrate on 30.8.87 passed order under section 167 (7) Cr.P.C. stopping further investigation and releasing the accused persons including accused petitioner Shah Alam Chowdhury. Thereafter in exercise of his powers und......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......py of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....t time he sustained some injury on head and after giving first medical aid he was handed over to Chowkidar Satish Chandra Modak and V.D.P. commander Marfart Ali for taking him to Thana. Other accused persons fled away and took shelter at Indian enclave Kalamati. Many persons came to the place of occ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
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