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Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)

....h clean hand. 8. In the application for restoration no expla­nation has been furnished by the petitioner or his learned Advocate what step was taken from 12-7-2011 to 3-1-2012. 9. In the order dated 11-12-2011, rejecting the application for default, it has been categorically mentioned that on......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..

Category: Procedural Law | Date: | Hits: 167

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

.... Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him under sections 302/34 of the Penal Code by the Judgment and order dated 31-1-2007 passed in Druta Bichar Tribunal Case No.5 of 2006, Criminal Appeal No.690 of 2007 an......00 only. So, the motive for murder as has been ventilated by the prosecution appears to be very much hypothetical. The Tribunal relied much upon the evidence of P.Ws. 2,6,7,9,10 and 11 but on careful scrutiny it appears that their evidence are not reliable at all. The prose­cution case has been bui..

Category: Criminal Law | Date: | Hits: 147

Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....ee was plaintiffs appeal was dismissed. The High Court Division in Civil Revision No.3519 of 1993 set aside the judgments and decree of the Courts below and decreed the suit by its judgment and order dated 7‑7‑1997. The High Court Division also directed to restore possession of the suit property......t's order. For the reasons stated above, the present application is rejected summarily as there is no substance in it. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 628. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 99

Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)

.... material allegations put forth in plaint. C. Eighteenth Defendant drew his last on 28.12.1985 and his heirs had been substituted as Defendant nos. 18(ka)-18(gaha) who are Petitioners. Order No.50 dated 8.8.1989 indicates that summons upon substituted Defendant nos. 18(ka)-18(gaha) had been serve......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..

Category: Procedural Law | Date: | Hits: 120

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....ry of Law, Justice and Parliamentary Affairs and Mr. Kazi Habibul Awal respectively, contested the Rule by filing separate Affidavit-in-Opposition. The Respondent No.5 filed a Supplementary Affidavit dated 21.11.2008. 3. We have perused the writ petition and the Affidavits-in-Opposition arid the ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..

Category: Constitutional Law | Date: | Hits: 361

BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)

....f law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been passed w......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..

Category: Labour and Industrial Law | Date: | Hits: 138

Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)

....ng upon respondent No.1 to show cause as to why he should not be directed to cancel the proceedings of Agenda No.3 of the Selection Committee of Bangladesh Agricultural Development Corporation (BADC) dated 29.12.2002 and 1.1.2003 (Annexure-P) promoting respondent Nos. 8-15 to the post of Manager/Joi......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..

Category: Employment/Service Law | Date: | Hits: 144

Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)

....03. Judgment Siddiqur Rahman Miah J.- The revisional application under section 115(1) of the Code of Civil procedure at the instance of the plaintiffs is directed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge, firs......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ..

Category: Property Law | Date: | Hits: 85

Shawqat Ara Salahuddin and others Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....eath of Md. Serajuddin approached respondent No.1 a number of times in writing and also by appearing before him to mutate the names of the heirs of late Md. Serajuddin in terms of the said lease deed dated 26‑8‑60. On 28‑7‑87 the heirs of late Mr Serajuddin applied to the Assistant Secretary......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment. There will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 467. ..

Category: Property Law | Date: | Hits: 119

Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....l ‑ For the State. Criminal Appeal No.241 of 1998.  Judgment Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul Islam is directed against judgment and order dated 20‑1‑1998 passed by the Nari‑O‑Shishu Nirjatan Daman Bishesh Adalat, Satkhira in Nari ......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..

Category: Criminal Law | Date: | Hits: 89

Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)

....and for a further declaration that the petitioner is not liable to pay Taka 13,28,270.00 or any other amount to Pubali Bank Limited as claimed by Pubali Bank Limited against LC No. PBL/FEB/SEM/492/88 dated 30‑07‑1988. Subsequently thereto, on 14‑104992 Pubali Bank Limited filed Money Suit No.1......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..

Category: Civil Law | Date: | Hits: 171

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....k, (2) Jahangir Mallick, (3) Mosharaf Hossain @ Mosharaf Hossain Bepari, (4) Kalu Sheikh alias Abul Kalam and (5) Kana Musa alias Moslem Sheikh have challenged the propriety of the Judgment and order dated 13.3.1991 passed by the learned Sessions Judge, Pirojpur in Session Case No.18 of 1987 convict...... the witnesses, impugned Judgment and given our anxious consideration to the submissions advanced by the learned Advocates of both the sides. 29. On appraisal of the evidence on record and careful scrutiny of the case it is evident that slain Shoeb Ahmed Litu and slain Zulfiqur were received fata..

Category: Criminal Law | Date: | Hits: 78

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

.... No.2.  Writ Petition No. 4443 of 2008. Judgment Zinat Ara J.- In this application under Article 102 of the Constitution the petitioner called in question the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case N......efore issuing warrant of arrest rather it appears that warrant of arrest may be issued directly. What is not in the law itself, cannot be imported in the law by way of interpretation. 26. Thus, on scrutiny of aforesaid provisions of law as discussed hereinbefore, we are of the view that the provi..

Category: Civil Law | Date: | Hits: 154

Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)

....…Respondent Judgment January 16, 2011. Result: The appeal is allowed. Jail Appeal No.555 of 2007. Judgment M Moazzam Husain J.- This appeal arises out of a judgment and order dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (sole accus......the FIR and the statements made by the witnesses to that effect, thus leaves the factum of recovery unclear and do not permit safe inference of recovery of arms etc. from the appellant. 8. A close scrutiny of the prosecution case is clearly suggestive of the fact that the story set out in the FIR..

Category: Criminal Law | Date: | Hits: 84

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

....ance from Panchananda. Shashi Mohan Mondal transferred .34 acres of property of plot No.339 in favour of First and Second Plaintiffs and predecessor of Third - Eleventh Plaintiffs by three sale deeds dated 27.8.1975. Shashi Mohan sold out .34 acres of property from plot No.398 of Cadastral Survey Kh......tion Khatian No.64, Exhibit chcha. Exhibit cha and cha/1 indicate that Imamuddin had been owner of Plot No.398 and as such it is not established that Shashi Bushan was owner of plot No.398. II. On scrutiny of original sale deed, Exhibit 'Kha' it transpires that there is positive recital in the de..

Category: Procedural Law | Date: | Hits: 155

State Vs. Rois Khan and another, 2009, 38 CLC (HCD)

.... 1(kha) of Section 19(1) of the Narcotics Control Act, 1990 and both of them are sentenced to death by the learned Metropolitan Additional Sessions Judge, first Court, Dhaka by his Judgment and order dated 7.7.2005 passed in Metropolitan Sessions Case No.683 of 2003. 2. P.W.2, Md. Amjad Hossain, ......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ..

Category: Criminal Law | Date: | Hits: 112

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....te - For the Respondent No.2.  First Appeal No.179 of 2001.  Judgment M. Moazzam Husain J.- This appeal at the instance of the defendant is directed against the judgment and decree dated 30-7-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 Dhaka, ......t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ..

Category: Business or Commercial Law | Date: | Hits: 548

Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)

....short, is that complainant is a business­man doing business in Mymensingh who is the owner of New Al Madina Enterprise; that the complainant is selling Poultry feed including fish; that on different dates the accused Md. Atiqullah Pathan (Dhanu) purchased fish feed from the complainant on credit fo......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ..

Category: Criminal Law | Date: | Hits: 84

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

.... Advocates - For the Respondent.  First Appeal No.42 of 2000. Judgment M Moazzam Husain J.- This appeal at the instance of the defendant No.1 is directed against the judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Suit No.17 of ......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..

Category: Property Law | Date: | Hits: 107

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

.... by Mr. Shaukat Ali in Writ Petition No.305/87 and by Mr. Abdul Matin in Writ Petition No. 306/87 under Article 102 of the Constitution the respondents were asked to show cause why the impugned order dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labour Cou......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ..

Category: Labour and Industrial Law | Date: | Hits: 182