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Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... an otherwise reliable prosecution case. He also relied upon the case of Alam (Md.) and another vs. State reported in 54 DLR 298 wherein their Lordships held the word 'Nari' under section 2(cha) as a woman of any age. Since there is no exception in the matter of constituting offence under section 9(......s from the record that the alleged occurrence took place on 13-3-2001. But the FIR was lodged on 16-10-2001. Thus we see that FIR was lodged long after 7 months and 3 days. The prosecution unsuccessfully took the plea that due to holding of salish, the ejahar was not filed in time. But none of the......e the learned cognisance Court No, 2, Rajbari, against the accused Monwar Mallik alleging, inter alia, that the accused being her neighbour used to visit their house off and on; that taking the advantage of visiting their house, the accused used to offer love to her whenever he found her alone; that..Category: Criminal Law | Date: | Hits: 38
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ...... the plaint bearing No.4524 dated 01.08.1992 is not binding upon the plaintiffs and that Monmohon Sheel was the husband of Shurdhani Sheel, defendant No.2, Monmohon Sheel and Morendra Nath Sheel were full brothers. The plaintiffs are the sons of Norendra Nath Sheel. Monmohon Sheel, husband of Shurdh......eed executed on 28.07.1992 and registered on 01.08.1992. The defendant No.4 stated that the defendant No.2 being displeased with the plaintiffs started living with her brother’s son Nironjon at village Char Ajodhya within Char Bhadrason Police Station where she was passing her life with miseries d..Category: Property Law | Date: | Hits: 29
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......no relevance in the present time. 14. We have heard the arguments advanced by the learned Advocate for the appellant and the learned Assistant Attorney-General appearing for the respondent and carefully perused the case record, evidence-on-record, charge, the examination of the accused person und......ort, as it appears from the materials on record is that on 29‑5‑1995 at about 1100‑45 PM 10/12 unknown miscreants abducted one Md. Atiar Rahman, son of Azizul Haque Malita from his house at village Gopalnagar when he was sleeping in his verandah of his dwelling house At the time of abduction t..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....n 8/15 Razia Sultana Road but the case property is of 8/15, block-D, Salimullah Road. The Court of Settlement upon considering the relevant material on record has doubted about the existence of any woman named Zakir Khatoon from whom the appellant allegedly purchased on 21-3-1974. The Court of Set......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......t in view of the relevant original title deeds on record and possession lying with the appellant, the legitimate inference' would be that the appellant and her vendor had always been in control, management and enjoyment of the property in question, and the finding, contrary by the Court of Settlem..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......n 18-2-1918 Asma Bibi had not acquired 17 gandas of land as her brother Afsaruddin was then alive and that the identifier is not supposed to know the contents of the deed and that in the LTI register full address of Asma Bibi was not available and therefore, without going through the recital of the ...... execution of kabala No. 482 by her calling the thumb impression register Exhibit F-1. This defendant filed a special criminal case against the plaintiff and others for destruction of the relevant pages of register volume 15 wherein she was acquitted. Sultan Ahmed since deceased deposed in that ..Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ictim girl and the other relevant papers and documents which were appended in the body of the petition and also seen the relevant laws meticulously, from where it manifestly appears that an unmarried woman of our society avoiding all the social stigma which has already been leveled on her being pres......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......monstrates, her face will be burnt by acid. On the following day she was taken to Shavar from where petitioner obtained a signature of the victim on a paper then petitioner told her that “your marriage has been solemnised”. Again he took her in a hired house at Khilkhet. The petitioner often bro..Category: Criminal Law | Date: | Hits: 37
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......nd Kha no question arises as to holding of Local Investigation on subject matter in GA. Learned Assistant Judge appears to have approached the controversy in right manner and right direction. I am in full agreement with the decision and reason recorded by learned Assistant Judge in rejecting plainti......ems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount or any mesne profits or damages or annual net profits, the Court may issue a Commission to such person as it thinks fit directi..Category: Administrative Law | Date: | Hits: 236
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......ul Huq another Additional District Magistrate. It may be observed here that this Mr. Fazlul Huq passed the impugned order dated 23.11.85 wherein he has stated that the previous A.D.M. was not a full time A.D.M. From the materials on record it is found that the previous incumbent was Addition......hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ..Category: Criminal Law | Date: | Hits: 26
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......dismissed. Being aggrieved he made a complaint being Complaint Case No.58/85 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 praying for reinstatement in service with full back wages and other benefits alleging inter alia, that the order of dismissal was an act of vi......Being aggrieved he made a complaint being Complaint Case No.58/85 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 praying for reinstatement in service with full back wages and other benefits alleging inter alia, that the order of dismissal was an act of victimisation..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......s particulars. He said that while P.W. 1 along with deceased Kanchan. P.W.2 and P.W.4 were going towards the Bangla Bazar the accused persons caught hold of Kanchan and started beating him. At that stage he tried to save him but failed. The accused persons took deceased Kanchan towards the house and..Category: Criminal Law | Date: | Hits: 27
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......ested loan of Taka 25,00,000.00. At that time the financial possession of the defendant was very bad/and the plaintiff-bank having refused to grant him any fresh loan, and served him legal notice for full payment of all the loans including the loans made under IDA credit, he had no option but to shu......o. 2 accepted the sanction letter containing various terms and conditions by signing the same and took the loan placing his and his wife’s (defendant No.3) immovable properties under equitable mortgage and hypothecation against project machinery and equipment, stock of raw materials. etc. as secur..Category: Civil Law | Date: | Hits: 85
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......y trees on the road, stopped the truck and assaulted the informant and his helper and snatched away one Seiko-wrist watch from his hand, a sum of Taka 1,500 from his pocket and also snatched away two full-pants, torch-light, etc. It is further alleged that another truck was coming from the end of Sa......p lying in the ditch and accordingly he put his signature in the seizure-list. He has stated that he did not know anything about the occurrence and the Daroga asked him to become a witness. At this stage he was declared hostile and cross-examined by the prosecution and stated that 16 accused- person..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......nd difficulty to accept this submission. in our view although the charge under section 396 against other co-accused has failed he can be safety convicted under section 302 of the Penal Code as he had full notice of the charge under section 302 which is inherent in the charge under section 396 of the......eport as Exhibit 1 and his signature thereon as Exhibit 1 (1) and the inquest report as Exhibit 2 and his signature thereon as Exhibit 2(1). 5. PW 2 is Abdus Samad. He stated that he is the co-villager of the informant and used to know deceased Rajah Ali and on the date of occurrence he was in Du..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......ssistant Judge, Perojpur for performance of the award created vide registered instrument dated 04.05.1981 by the defendant Nos.2-4 contending, inter alia, that the plaintiff and the defendant are two full brothers and they had been in joint possession in their paternal property as shown in schedule ......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ..Category: Property Law | Date: | Hits: 30
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....t debtor No. 4 is the present petitioner before us. 3. Mr. Sobhan along with Mr. Abu Hena Razzaki appeared on behalf of the petitioner. Their main argument is that order of civil imprisonment of a woman is totally illegal. In this connection, they referred to section 56 of the Code of Civil Proce....... The suit was decreed and decree holder filed an application for execution the decree before the Artha Rin Adalat and from the order dated 16-7-97, we find that the execution case was disposed of on full satisfaction but subsequently by the order dated 25-5-2000, the earlier order was vacated and t......Under section 56 of the Code of Civil Procedure, civil Court cannot pass an order for detention in the civil imprisonment of a woman in execution of a decree for payment of money. In view of the language used in section 6 ka of the Artha Rin Adalat Ain, 1990 the provisions of section 56 of the Code ..Category: Civil Law | Date: | Hits: 89
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......sition and Requisition of Immovable Property Ordinance, 1982 as per the provision of amended section 79 of the said Act and the respondents having not published any gazette notification on payment of full compensation within the period of one year from the date of decision of the Government to acqui......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......e suit restraining the DSE from taking any action against respondent Nos. 8 and 9 for such cancellation of the contract the DSE could not recover the sale proceeds from the respondent Nos. 8 and 9 in full. DSE could only manage to recover part of the sale proceeds of the shares in question and accor......ited, Member No. 162, Dhaka Stock Exchange, respondent No. 5, at a price of Taka 1,10,90,870 at the rate of Taka 180.11 per share for which respondent No. 6 as broker received Taka 22,181.74 as brokerage from the above sale proceeds and after trading hour respondent No. 6 provided the petitioner wit..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ...... a female activist of the party at Bijoynagar area. The affidavit mentions series of other incidents that took place during the hartal. It is therefore submitted that ‘hartals are not observed peacefully without the incidents of violence in which the over zealous police also participate with the p......only against State action and not to prevent a political organisation or a private citizen from allegedly interfering with that right. Necessarily, we will consider that argument at the appropriate stage. But at the moment what is called for is only to notice that the rights put forward by the petit..Category: Constitutional Law | Date: | Hits: 216
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......end, neither are they entitled to attend the 20th, 21st and 22nd AGMs against their shareholding acquired after the record date i.e. 25.09.2005. The respondent Nos.1 to 17 purchased their shares with full knowledge by way of the public notices published by the respondent No.18 Company and relevant d...... of this application the respondent No.1 UCBL shall be at liberty to hold the 20th, 21st and 22nd AGMs as scheduled for 10.01.2008 but shall nevertheless remain restrained from considering the common agenda No.1 in all three notices pertaining to the receipt and adoption of the audited accounts for ..Category: Company Law | Date: | Hits: 191
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......d there and saw the dead body of deceased Mohammad Ali. There were marks of injuries on his head and marks of blood on the neck of the deceased. Abdul Jabbar, Shamsuddin Bhola and Abdul Sobhan of village Kakar Randi Benupara were suspected by the wife of the deceased. Thereafter she lodged the first..Category: Criminal Law | Date: | Hits: 41
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