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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......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. ......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. ..

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......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......6 of the Penal Code was started. In that F.I.R. it was alleged, inter alia, that the accused-petitioner had developed close relationship with the informant and on 01.08.2004 asked the informant for a loan of Tk. 20,00,000/- against which he would repay him an amount of Tk. 80,00,000/- after 1 years...

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...... state of affairs as evident in the schedules of paid-up capital in all three revised audit reports from which the names of the Petitioners, in particu­lar, are notably absent, thereby implying that payments remain outstanding on their respec­tive shareholdings. This in turn has led the Petitioner......xcluded from the revised audit reports. There being other dis­crepancies in relation to amounts expenses which appear in both the original and revised audit reports with, among others, the amount of loan shown to be advanced by the Respondents to the Company having doubled in the revised versions a..

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. ......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

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 ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..

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......n the name of the Asram was wrongly recorded in the name of the Zamindar Dhirendra Nath Roy and his cousins. But the plaintiff continued to possess the same in its own right for more than 12 years on payment of rent to the Government. The defendant Nos.1‑3 in collusion with the employees of defend......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......weekly, monthly, quarterly and half yearly, etc, basis as per renewal instruction given and advances issued from time to time. As the petitioner had withdrawn some funds from the said deposit to meet payment of letter of credit against deposit balance of projects financed by the plaintiff including ...... 3. Defendant‑petitioner filed an application under Order 7 rule 11 read with section 151 of the Code of Civil Procedure praying for rejection of the plaint on the grounds that the amount was not a loan disbursed by the defendant within the meaning of loan as defined in section 2(Kha) of Artha Rin..

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. ......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......d 15-6-2008 and the same was deposited with the Government Treasury at Custom House, Chittagong. 4. It has also been stated in the application that respondent No.6 purchased the goods and made the payment noted above on good faith without any knowledge about the Memoran­dum of Agreement dated 28......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.   ...... 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. ......nt takes us through the order sheets of the executing Court and the application under section 34(1) of the Ain, 2003 filed by the respondent-Bank and then submits that admittedly the petitioners took loan by mortgaging huge shares of various companies namely, 1) Rangpur Foundry Ltd., 2) Tripti Indus..

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- ......was announcing SR 4500x120 Nos.-SR 5,40,000/=. Out of SR 5, 40,000/= plus earlier dues of SR 58,700/=, a total amount of SR 5, 98,700/= was remained outstanding. Against SR 5, 98,700/= accused made a payment of SR 2, 00,000/= on 12.12.2000 and also paid SR 2,00,000 on 17.01.2001. Thus SR 1, 98,700/=......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and neces­sary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..

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......while the aforesaid 5 brothers were in possession of the same transferred the disputed land along with other lands to the plaintiff; that since purchase the plaintiffs had been possessing the same on payment of rent and mutated his name, and that S.A. and R.S. record were prepared in his name; that ......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

Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)

....enumbered as Title Suit No.261 of 1998 in the court of Artha Rin Adalat No.4, Dhaka for realisation of the said loan amount. On transfer this suit to the Artha Rin Adalat No.1 Dhaka it was decreed ex parte on 21.03.1999. Thereafter, the present petitioner filed an Execution Case No.3 of 1999 and the......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ...... 50,00,000/= in the year 1994 under bilateral agreement with the petitioner in order to re-pay the amount in certain terms and condition incorporated therein; but on failure to re-pay the outstanding loan of Tk. 1,45,61,256.18 as on 1/4/1996 the lending bank filed a suit No.35 of 1996 renumbered as ..

Category: Civil Law | Date: | Hits: 186

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. ...... 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

People's Republic of Bangladesh Vs. Chairman, Court of Settle­ment and others, 1996, 25 CLC (HCD)

....64. The lessee was given permission on 10‑5‑75 by the Ministry of Works to transfer the property to the respondent No.2 and the father of respondent No.3. Thereafter on 15‑5‑75 there was a tripartite contract of conveyance between Sadrul Hoque, respondent No.2 and late Md. Chand and the Hous......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......late Abdul Gafur by the then Government of East Pakistan subject to the terms and conditions laid down in the lease deed and the lessee constructed and re‑constructed the building thereon by taking loan from the House Building Finance Corporation vide Loan Case No.HBD‑2184 of 1964. The lessee wa..

Category: Property Law | Date: | Hits: 113

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

....nishable under any provisions of the Penal Code. Placing the statement of Major General KM Shafiullah Mr. Rahman submits that this has not disclosed any offence. He drew out attention to the relevant part of the statement of this witness which runs as follows– মেজর রশিদের স......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..

Category: Criminal Law | Date: | Hits: 82

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......oncerned can be looked into. In the present case document in question has been marked as Ext. A from the recital of his document, it appears that Jatri sold the land to Shubhadra for the pur­pose of payment of loan and for the purpose of Sharadha of her husband after going to Gaiya and for the purp......n be looked into. In the present case document in question has been marked as Ext. A from the recital of his document, it appears that Jatri sold the land to Shubhadra for the pur­pose of payment of loan and for the purpose of Sharadha of her husband after going to Gaiya and for the purpose of her ..

Category: Procedural Law | Date: | Hits: 81

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....der of dismissal from service by memo dated 04.08.1975 is illegal, unwarranted and void. 3. The learned Munsif did not decree the suit for the first two declarations, prayed for, but decreed it in part declaring that the order of dismissal from service dated 04.08.1975 is illegal, void, without j......udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ..

Category: Employment/Service Law | Date: | Hits: 120

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

....th sen­tence to the accused Golam Sarwar Hossain Mollah an accordingly, the order of conviction and sentence is liable to be reversed. 10. In order to appreciate the respec­tive arguments of the parties and to determine whether the learned trial court was justified in passing the impugned judgm......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ..

Category: Criminal Law | Date: | Hits: 97