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Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....hority…………………..(19) The right to obtain a direction under section 491 of the Code in the nature of a habeas corpus is a statutory right on the grounds recognised in the section and a part of the statutory right has become a part of the fundamental right guaranteed in Part III of the......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Atiqur Rahman @ Milon and others………………………Petitioners Vs. The State………………………….Opposite party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....l Miscellaneous Case No.6499 of 2002. Judgment Md. Ali Asgar Khan J.-This Rule on an application filed under section 561 A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of CR case No.1221 of 2001 under section 138 of the N......tted when a cheque is returned by the bank unpaid for any of the reasons mentioned therein provided (1) the cheque is presented to the bank for encashment; (2) the payee should have made a demand for payment by registered notice after the cheque is returned unpaid; and (3) the drawer should have fai...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....ndant No.2 and asked for the reasons, but the said defendant was unable to give a worthwhile explanation. A couple of correspondences, including legal notices, and replies, were exchanged between the parties afterwards, whereby the plaintiff claimed, and the defendants refused to pay the sum in ques......ndant No.1 bank, stating that he had authority to depose on behalf of the defendants, testified that at the relevant time he was stationed at the local remittance branch of the bank. He asserted that payments were made to honour those two cheques after comparing the signatures and following the rele......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦(23) The offence under section 138 of the Act can be completed with the concentration of the number of facts (i) First occurrence and consequently agreement was made between the parties (ii) drawing of the cheque, (iii) presentation of the cheque, (iv) returning of the cheque u......en the parties (ii) drawing of the cheque, (iii) presentation of the cheque, (iv) returning of the cheque unpaid by the drawee bank, (v) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of......nder section 138 of the Act and the complainant can choose any one of the Courts in whose jurisdiction any of the 6 components of the said offence was done. The first occurrence of talk and agreement loan took place at Cox's Bazar and as such the learned Sessions Judge, Cox's Bazar has jurisdiction ..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....nÂtencing the petitioner to suffer, rigorous imprisonÂment for three years and also to pay a fine of Tk. 3,000/-, in default, to suffer rigorous imprisonment for six months more. 2. The opposite party instituted C.R. case No.5 of 1985 in the Court of Upazila Magistrate, UkÂhiya against the pet......inant went to Saudi Arabia in 1982 to work as labourers and the complainant gave to the petitioner 1800 Saudi Rials to give to his father, Sultan AhÂmed and the complainant informed his father about payment of the money to the petitioner by letter on 27.2.84. On receipt of the letter from his son S......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
....odities & Technologies Pte. Ltd. ('Reliant'), as incorpoÂrated under the laws of the Republic of Singapore, having, in the course of being engaged in the business of trading of balk commodities, participated through its local agent, Summit Industrial & Mercantile Corporation (Pvt.) Ltd. ('t......C along with the specific bank identiÂfied as Respondent No.2, The City Bank Ltd. (hereinafter referred to as 'the Bank') in each of these cases shall not be restrained from encashing and making any payment under the specified bank guarantees until further orders. It is also evident that pursuant t...... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....‑85 passed in Miscellaneous Case No.97 of 1980(pre‑emption case) by the Senior Assistant Judge, Sylhet. 2. The short fact leading to the issuance of the Rule is that, the pre‑emptor opposite parties filed the aforesaid pre‑emption case in the Court of the Munsif, Sadar, Sylhet seeking pre...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner
Vs.
Md. Hazrat Ali Talukder and others…………………………Opposite Parties
Judgment
July 29, 1997.
Result:
The Rule is made absolute in part.
Case referred to-
Khaleda Razia Khanam and others Vs. Mahtabuddin Chowdhury and others, ......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
..
Category: Procedural Law | Date: | Hits: 152
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....is not to cause damage or injury, the mere signatures of other persons who did not make it cannot be taken within the mischief of definition of forgery. 4. No one appears on behalf of the opposite party. 5. We have gone through the impugned order and the petition Annexure 'A' and report Annexu......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ..Category: Criminal Law | Date: | Hits: 89
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....s. Zakaria Kabiraj……………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD) 79; Billal Vs. State, 52 DLR (AD)......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
....xty) days from the date of judgment and order passed in the Civil Revision.
3. It is alleged in this application for drawing up contempt proceeding that the Government vis‑a‑vis the opposite parties are not delivering possession of the suit property to the plaintiff petitioner although......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.
......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)
....actual scenario is not essential and only those which shed light in resolving war of words are being taken heed of. 4. A. Rita Bimala Purification, predecessor-in-interest of First-Fourth-opposite parties as Plaintiffs on 7.4.1981 instituted a Suit being Title Suit No.434 of 1981 in the Court of ...... or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, Court shall make an order setting aside the decree as against him upon such terms as to costs payment into Court or otherwise as it thinks fit and shall appoint a day for proceeding with the Sui......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
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....mplaint Case No.43 of 2000 in the First Labour Court in Dhaka under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 (in short the Act) impleading the petitioner as the second party. The case of respondent No.2, in short, is that he had been serving in the petitioner's establ......nd the respondent-workers and a few other workers took very active and indomitable part to see that the petitioner-employer could not avoid signing the legitimate agreement incorporating a clause for payment of arrears with lot of persuasions. For the above reasons, the petitioner-employer looked qu......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
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
.... Title Suit No.1375 of 1981 and obtained a decree. Then the petitioner got a registered sale deed through Court on 3‑1‑1984. 3. The further case of the petitioner is that, the respondents were parties in the suit and despite the decree and sale deed through Court the property was illegally en......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......f the holding was paid by 1967 and Clearance Certificate was issued on 3‑5‑67. Respondent No.4 and her sons mortgaged the case holding with House Building Finance Corporation on 11‑2‑69, took loan and constructed building on the holding. She entered into an agreement with the petitioner to s..Category: Property Law | Date: | Hits: 107
....he father of Md. Salahuddin died. Later on this Salahuddin died and his heirs have been duly substituted in this writ petition. Subsequently, the other heirs also filed an application for addition of party as petitioners in view of the facts that their names were required to be mutated in the record......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.
......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
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....hairman, Zila Parishad, Tangail and the accused appellant received the cheque and also withdrew the money by presenting the cheque in the bank. 18. P.W.8 Md. Nur Ahmed, former DACO Tangail was the part investigating officer of the case. On completion of investigation he submitted memorandum of ev......hat Tangail Dhaka Bus‑Owner Association took lease of Tangail Bus Terminal for the year 1985 from Tangail Zila Parishad having received takid over phone on 2‑4‑85 from the accused appellant for payment of lease money. The Secretary and Treasurer of the Bus Owners' Association prepared and issu......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ..Category: Criminal Law | Date: | Hits: 88
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....n Adalat. 2. In Civil Revision No.3542 of 1994 the petitioner Iftekhar Afzal as plaintiff filed a suit being Title Suit No.144 of 1992 in the Court of 3rd Subordinate Judge, Dhaka against opposite party No.1 Pubali Bank Limited on 13‑6‑92 claiming compensation of Taka 31,32,150.00 and for a f......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. ......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
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....bsolute. The Code of Civil Procedure, 1908 (V of 1908); Order VI, Rule 17 One of the fundamenÂtal principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. Ther......rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
.... Pirojpur Police Station as Sub-Inspector of Police. He filled up the F.I.R. form. 22. P.W.12 Constable Md. Rustom Ali escorted the dead body to the morgue. 23. P.W.14 S.I. Md. Nazrul Islam who partly investigated the case deposed that he held inquest upon the deceased Zulfiqur Ali and Shoeb A......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..Category: Criminal Law | Date: | Hits: 78
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