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Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....ner. Muhammad Nazrul Islam with Abdul Baten- For the Opposite Party.   Civil Revision No.1848 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.3.2010 passed by the lear......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..

Category: Civil Law | Date: | Hits: 112

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

.... Siddiqur Rahman Miah J Md. Abdul Hye J AKM Fayekuzzaman………………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. Result: The Rule is made absolute. Cases Referred ......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. ..

Category: Criminal Law | Date: | Hits: 99

Sohel Monir Vs. State, 1996, 25 CLC (HCD)

.... of someone. He then kept his brief‑case and other hand baggage on the floor and went up to the first floor through the stair‑case. The informant followed him and when he was about to enter the departure lounge of international outgoing passengers challenged and detained him. On interrogation he......on of the said gold. He brought the said gold into Bangladesh for the purpose of smuggling and thereafter he was arrested and the informant lodged the FIR. The further prosecution case is that during investigation by police this co‑accused Sajid Hossain disclosed the name of accused appellant Sohe..

Category: Criminal Law | Date: | Hits: 100

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....eport. He also stated that the hospital staff quarter is situated on the east of Dhaka‑Dinajpur highway which runs by the front of the hospital and thereafter are the staff quarter of the C&B Department. He also stated that at about 12 noon there were many people in the hospital because of pat...... dead bodies by SI of Police Md. Sirajul Islam who then sent the dead bodies to the morgue for post‑mortem examination. Officer‑in‑Charge of the Police Station Alamgir Kabir himself took up the investigation during which accused Kamal Ahmed was produced before the Magistrate, 1st Class (TNO), ..

Category: Criminal Law | Date: | Hits: 131

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

.... relevant fact as against each of the persons believed to be so conspiring. as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it." Section 30 of the said Act provides : "30. When more persons than one are being ...... officers, and some others were named as the persons who committed the offence. On receipt of the said First Information Report Dhanmondi Police started case No.10(10)96 dated 2‑10‑96 and took up investigation. 3. In the present petition under consideration, it has been stated that on 14-8-96..

Category: Criminal Law | Date: | Hits: 107

State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)

.... 15. P.W.9 Dr. S.M. Nasir Haider is the Pathologist of Pirojpur Sadar Hospital who held post mortem examination of deceased Delowar and found abrasion on the body of the deceased. He kept preserved parts of stomach, kidney etc. for chemical examination for ascertaining the cause of death of deceas......n an unconscious state and from where her son deceased Delowar was taken to Sader Hospital where the Doctor present declared him dead and for this U.D. Case No.18 dated 14.10.1996 was started. During investigation of this U.D. case she filed a petition of complaint before the Magistrate on 17.10.199..

Category: Criminal Law | Date: | Hits: 94

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anoth­er, 2009, 38 CLC (HCD)

....Opposite Party No.2. Criminal Miscellaneous Case No.16495 of 2007. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the accused-petitioner, was issued calling upon the opposite parties to show cause as to why the proceedings of G.R. Case No.65 of 2007 arising out of New Market......9. Not only that discussed above, as decided in the case of Lutfar Rahman and oth­ers Vs. State, reported in 13 MLR (AD) 126, quashment of a proceeding may be sought for even at even at the stage of investigation, if the same is preposterous. 20. Although, in usual practice, quash­ment of a pro..

Category: Criminal Law | Date: | Hits: 108

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

....tractor in its tender quotation had quoted the price of construction as being inclusive of the cost of materials as well as of labour with the qualification, howev­er, that the price of M.S. Rod, in particular, being unstable at the time of the bid, the Company would be agreeable to pay the dif­fe......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. ..

Category: Company Law | Date: | Hits: 177

Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)

....y the Director General Harukandi, Faridpur District-Faridpur and oth­ers……………………………………Respondents Judgment July 12, 2006. Result: The Rule is made absolute-in-part. Cases Referred to- Government of the People's Republic of Bangladesh Vs. Abdul Motaleb D......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..

Category: Employment/Service Law | Date: | Hits: 166

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....he failure, it can not fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon………………(25) Burden of Proof in a Criminal Trial The party on whom the onus of proof lies must, in order to succeed, must have to prove the case beyond r......ody of the victim in a outer hut in hanging position, there­after he filed the first information report on 08.04.1994. 3. Mr. Mostafa Kamal, Officer-in-charge of Danut police station, took up the investigation, visited the place of occurrence, seized Alamats, prepared sketch map with separate in..

Category: Criminal Law | Date: | Hits: 108

Jahangir Alam Vs. State, 2004, 33 CLC (HCD)

....e area ð        Name of involved area: • Both eyelids of the left eye • Part of the left auricular pina. • Part of the left nasal ala • Most part of the both cheek • Most of the front of the chest extending downwards in multiple linear ......se No.26 dated 10.8.2003 under sections 5(Ka)/7 of the Acid Aparadh Daman Ain, 2002 against all the 4 FIR named accused. The case was investigated into by one Sub-Inspector Md. Ruhul Islam who during investigation, has visited the place of occurrence prepared the sketch map with separate index, reco..

Category: Criminal Law | Date: | Hits: 103

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....which is a Debottar property, managed to start a certificate proceeding being No.201‑A/69‑70 against the dead persons showing them as certificate debtors and without impleading the plaintiff as a party therein. The defendants suppressed the notices and the processes of the certificate proceeding......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..

Category: Property Law | Date: | Hits: 113

Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)

.... জমাকৃ্ত অর্থ) In the affidavit‑in­-opposition it has been stated that after deposit of fund with the bank a relationship of debtor and creditor has been created between the parties and that plaintiff clearly stated in the plaint that the deposit was a (ঋণ) and there is......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ..

Category: Civil Law | Date: | Hits: 119

Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)

....…………………Appellants Vs. State……………………………………………………………..Respondent Judgment August 5, 1997. Result: The appeal is allowed in part. Lawyers Involved: Khurshid Alam Khan, Advocate ‑ For the Appellants. No one - For t......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ..

Category: Criminal Law | Date: | Hits: 79

Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)

....w in granting injunction in an arbitra­tion matter is not absolute one since in an arbitration case the Court is very much competent to make an order of injunction in the background of the fact of a particular case." 12. Mr. Huq has also referred to two other decisions, reported in 54 DLR 93 (Ca......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ..

Category: Alternative Dispute Resolution | Date: | Hits: 632

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

....ea Lines Ltd. the local Agent of the Feeder Vessel 'MV Padma', defendant No.3A. Sea Consortium Bangladesh Ltd. and defendant No.4 Conti­nental Exports Inc., has been heard at the presence of all the parties and now disposed of by this judgment. 2. It has been asserted in the plaint that the plai...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132.   ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Dr. Md. Abul Kalam and another Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....ep­resented by the Cabinet Secretary, Bangladesh Secretariat, Ramna, Dhaka and others…………………………Respondents Judgment May 18, 2010. Result: The Rule is made absolute in part. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 34 (9) The Adalat is empo......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once. Zinat Ara J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ..

Category: Civil Law | Date: | Hits: 127

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....nternational RL-351, Holding No.40/3, Inner Circular Road (VIP Road), Police Station Naya Paltan, District-Dhaka.................Accused-Petitioner Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- ......n report or petition of complaint taken as a whole and accepted on its face value does not constitute the alleged offence in such case there can be no question of appreciation of the evi­dence or of investigation or enquiry about truth or otherwise of the facts of the case where the High Court Divi..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

....n (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Wazuddin and others.................................Petitioners Vs. Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for d......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..

Category: Property Law | Date: | Hits: 106

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

....e of the agricultur­al land in that case before 'immovable proper­ty' mentioned in section 5 in case of land of the 'Rural area' is to be read and imported in the section and in the section no such partic­ular area having been mentioned the law should be read and to be considered as it is. Therea...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..

Category: Property Law | Date: | Hits: 134