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M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......ed 24.6.97 and final decree dated 17.11.97 are not exeÂcutable inasmuch as the decree is hit by non service of summons upon the defendants and for not filing the Artha Rin Mortgage Suit by competent person and it is also hit by the proÂvisions of Order II, Rule I and Order 6 Rule 4 of the Code of ..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......he delay in filing the application for addition of party it needs to address that Order 1 Rule 10(2) specially provides that the Court may at any stage of the proceeding if seems that the name of any person who ought to have been joined either as plaintiff or as defendant and whose presence before t..Category: Property Law | Date: | Hits: 96
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ...... convicting the accused Arman (absconding) and Telu (absconding) under section 302/34 of the Penal Code sentencing each of them thereunder to death with fine of Taka 5000/-. 2. Since the condemned persons are in absconsion, they have given state defence. 3. Prosecution case, in short, is that ..Category: Criminal Law | Date: | Hits: 106
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ...... Involved: Abdur Razzaq, Senior Advocate with Imran Siddiq, Advocate - For the petitioner (In Writ Petition No. 2669 of 2000). Moudud Ahmed, Senior Advocate with Tajul Islam, Advocate (In person) - For the petitioner (In Writ Petition No. 6451 of 2007). Mahbubey Alam, Attorney-G..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediateÂly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......19A of the Arms Act. 4. The prosecution has examined 8 P.Ws. in support of his contention who are cross-examined by the defence. 5. After completion of the examination of the P.Ws., the accused person were examined under section 342 of the Code of Criminal Procedure and the defence did not add..Category: Criminal Law | Date: | Hits: 99
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ...... the complainant or the Arbitration Council. It was held in this case that Article 6 of President's Order No.7 provided that the functions of the Chairman of local councils shall be performed by such person as the Government may appoint in this behalf but it could not be shown to the Court that by a..Category: Procedural Law | Date: | Hits: 105
Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....nts to show cause as to why a direction should not be given upon the resÂpondents to take appropriate steps on the basis of the report dated 23-8-2004 submitted by the Inspector, Customs Group 2 and Inquiry Officer, Customs House, Dhaka and/or pass such other or further order or orders as this Cour......ensing Rules and a FIR was also lodged concerning the aforesaid incident. It is further stated that the Petitioner imported the aforesaid goods in collaboÂration with the importer but the Petitioner personalÂly appeared before the respondents and denied all the allegations against him. The matter ..Category: Fiscal/Taxation Law | Date: | Hits: 166
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......se of Anti-Corruption Commission Vs. Mahmud Hossain reported in 61 DLR (AD) 17. In that decision, it was observed in paragraph 13: "13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience p..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......he quest ion of mutation of the name of the defendants No.4-6 and the payment of LD Tax and the holding tax, approval of the building plan shall have no implication upon the question of law that if a person executed an agreement of sale of land he must not be allowed to avoid the said agreement on a..Category: Property Law | Date: | Hits: 119
Category: Labour and Industrial Law | Date: | Hits: 215
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......dicially exercised. Mere heinousness of the offence is not by itself a circumstance to take away the discretion of the Court to grant bail provided there are reasonable grounds for believing that the person seeking bail has not been guilty of the non bailable offence with which he is charged. 9. ..Category: Criminal Law | Date: | Hits: 98
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......o. 55. Just after 5 (five) days the respondent No. 3 by the impugned Memo dated 17.5.2009 withdrew his earlier order dated 12.5.2009 without serving any show cause notice or giving any opportunity of personal hearing and thereby violated the principle of natural justice. Challenging the said Memo da..Category: Civil Law | Date: | Hits: 130
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......reasons upon a consideration of the materials on record and after hearing both the parties so that frivolous cases and cases of no eviÂdence do not occupy the time of the Sessions Court and innocent persons are not harassed unnecessarily by being put to the trouble and expense of undergoÂing a ses..Category: Criminal Law | Date: | Hits: 99
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....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. ......Rule 29 of Deed of Trust and Rules of Bangladesh Red Crescent Society Employees Provident Fund deals about nominations. Clause (a) of the aforementioned Rules 29 is as follows:- "Nomination of any person other than member's family invalid and clause (d) deals of Making of Nomination i.e. (d) Maki..Category: Civil Law | Date: | Hits: 136
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....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. ......‘accused does not fall within the definition of evidence as given in section 3 of the Evidence Act. This is for the simple reason that it is not made on oath, that it is not made in presence of other persons affected and that its veracity not tested by cross‑examination. It is therefore a very wea..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......intiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the suit property was wrong and that they purchased in the benami of another person. 3. Suit was contested by the defendant Nos.1‑6, 7 10.11, 17 to 19 by filing separate wr..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......ing) under section 302 of the Penal Code as well as Emdad Ahmed and Kamal Ahmed under sections 302/34 of the Penal Code. In addition to the death sentence imposed upon the above‑named three accused persons they were also found guilty of offence punishable under section 394 of the Penal Code and se..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. ...... In the First Information Report he gave a detailed description of the occurrence as to how the then President, his wife, some members of his family and some officials on duty were killed by the army personnel in the early hours of 15‑8‑75. In the First Information Report 14 persons including th..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. ......so involved in this case of murder. He denied that the condemned prisoner Saiful did not call his son Delowar from his house in the night of occurrence stating further that there was no injury on the person of his son deceased Delowar. He denied that co-accused Moiful Bibi alias Sairea did not tell ..Category: Criminal Law | Date: | Hits: 94
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....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. ......t another facet to the Petitioner's allegations concerning the misappropriation of funds has to do with the relationship said to have been struck by and between the Respondent Nos.2, 3 and 5 in their personal capacities and the Contractor, Technopole evident in an agreement dated 14.10.2004 (Annexur..Category: Company Law | Date: | Hits: 177