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State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....confessing accused can be based on the said confession, even if it is retracted. In this connection for our guidance we may look to the case of Joy gun Bibi Vs. the State reported in 12 DLR (SC), 157 relevant page 159, para 9 wherein it has been held as under:- "The retraction of a confession is ......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ...... High Court Division (Dhaka) (Criminal Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdndul Haque Azad J State........................Appellant Vs. Nazma Sarker @ Beauty and 3 others & another absconding convict Ahidul…………..Condemned-prisoners ......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J AKM Abu Sayed Chowdhury……………………………Petitioners Vs. AKM Abdul Wahed Chowdhury and others…………………………Opposite Parties Judgment March 23, 2011. Result: ......of facts only in exceptional circumstances when the findings are shockingly perverse of these are vitiated by non reading and misreading of the materials evidence or mis-construction of any important documents affecting the merit of the suit. The learned Advocate for the plaintiffs petitioners has n..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....urt and we are conscious of the limitation of this Court under section 115 of the Code of Civil Procedure. Under this section, an allegation that the Courts below had not taken into consideration the relevant provision of law, would not by itself attract the provision of section 115 of the Code of C......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......…………………Opposite Party Judgment May 31, 1983. Result: The rule is made absolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agencies, 16 DLR (SC) 155. Lawyers Involved: ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 134
....entirely without jurisdiction in taking consideration of the facts and materials which the Court is not entitled to take and it is because of the failure of the Court in taking into consideration the relevant provisions of the Veterinary Manual and the Court had noticed something else as evidenced b...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......ial Original Jurisdiction)
Present:
Anwarul Haque Chowdhury J
KM Hasan J
Nazmul Hossain (Md.)................Petitioner
Vs.
State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents
Judgment
August 10, 1992.
Result:
The Rule is made a...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
..
Category: Criminal Law | Date: | Hits: 84
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....d by the learned Subordinate Judge, 2nd Court, Dhaka in Miscellaneous Case No.97 of 1991 dismissing the appellant's application under Order 9 Rule 13 of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the appeal are that respondents filed a suit for partition before the le...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ......e Court High Court Division (Civil Appellate Jurisdiction) Present: Gazi Shafiuddin J Gour Gopal Saha J Siddique (Md.)………………………..Appellant Vs. Yeakuti Begum and others……………………………Respondents Judgment June 4, 1997. Result: Th...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ..Category: Procedural Law | Date: | Hits: 88
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....the last 25 years but he has not considered what he stated in his cross‑examination. It further appears that the trial Court has not also discussed and considered the other plaintiffs witnesses and relevant documentary evidence in their true perspective. The learned lower appellate Court, while he......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ...... in: 50 DLR (HCD) (1998) 613. ......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..Category: Property Law | Date: | Hits: 77
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....de should not be declared to have been made without lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. The relevant facts for disposal of this Rule are as follows: The petitioner is a partnership firm eng...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......t Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Signage…………………………Petitioner Vs. Commissioner of Customs and others…………………………..Respondents Judgment June 10, 2010. Result: Th......VAT registration as an advertising firm in the year of 1999 and has been paying VAT as per Law in 2001-2002 the petitioner decided to change the name and character of the business. It is clear from documents that after the year of 2002 petitioner had set up different establishments at different ad..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
.... and neutrality of the evidence of the P.W.1 and 2 of the prosecution witnesses, respectively. 19. While it is true that, a police personnel is not incompetent to depose as witness as to the facts relevant to prove the prosecution case. But the question of credibility or veracity of testimony of ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......HCD) (2012) 133. ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....t every level of construction and demolition of any building and/or why such other or further order or orders, as to this Court may seem fit and proper, should not be passed. 2. Shortly stated the relevant facts necessary for disposal of the Rule Nisi are as follows:- Petitioner No.1 Banglades......electric cables, collapse of trenches and walls, falls of bricks and collapse of building during demolition. 6. Petitioner No.3 also monitored reports of workplace deaths published in national newspapers in the years 2007,2008 and 2009 and, working with BRAC Human Rights and Legal Services, and A......to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......mpleted his training on 31.12.2004 and joined his post on 1.1.2005 as Head Master. During his training period, the defendant No.10 was functioning as Head Master in charge. The plaintiff demanded all papers concerning formation of Managing Committee from the defendant No.10 and the later handed over......e date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ..Category: Civil Law | Date: | Hits: 107
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....g in the Court of Joint District Judge, 2nd Court, Cox's Bazar should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The facts relevant for disposal of this rule briefly are that, on 16.04.2009 opposite party No.2 filed a compl......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......his Case is also Reported in: 7 LG (HCD) (2010) 371. ......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... financial institution by applying special method enacted the special law namely the Artha Rin Adalat Ain, 2003. Now, keeping in mind the settled proposition of law let us proceed to examine at the relevant provision in respect to pass an order to stay the proceedings of the execution case. 28.......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......0) 365; 18 BLT (HCD) (2010) 266. ......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
.... ground that the petitioners could not establish their clear right, title and interest in the suit land by producing sufficient documentary evidence and thereupon the petitioners after collecting all relevant papers in support of their right, title and interest over the suit land again filed an appl......hat the petitioners could not establish their clear right, title and interest in the suit land by producing sufficient documentary evidence and thereupon the petitioners after collecting all relevant papers in support of their right, title and interest over the suit land again filed an application o...... Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ..Category: Property Law | Date: | Hits: 96
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
.... judicial scrutiny. They are indeed so subject to such scrutiny should they involve constitutional issues. As shall be seen the impugned legislations stemming from the Peace Accord and with which the relevant provisions of the Peace Accord can be said to have otherwise merged have indeed been accept......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......……………………Petitioner (In Writ Petition No.2669 of 2000) Advocate Md. Tajul Islam………………………………Petitioner (In Writ Petition No.6451 of 2007) Vs. Bangladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgmen......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....ation under section 561A of the Code of Criminal Procedure is liable to be discharged. 7. We have heard both the learned Advocates, perused the application under section 561A of the Code and other relevant papers. 8. It appears from the record that police after investigation first submitted fi......er section 561A of the Code of Criminal Procedure is liable to be discharged. 7. We have heard both the learned Advocates, perused the application under section 561A of the Code and other relevant papers. 8. It appears from the record that police after investigation first submitted final repor......007 before the cognizance Court No.1, Sylhet stating, inter alia, that accused, namely, (1) Chowdhury Ataur Rahman Azad (40), (2) Baul Karim Herai (55), (3) Md. Latib Ali (30), (4) Md. Anwar Ali (35) and (5) Idrish Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/-......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
....rformance was not satisfactory but no period was specified in that letter. It is not even stated that during the first six months from her joining her service was not satisfactory. However, it is not relevant once six months are over bringing to an end the statutory probationary period. Therefore, t......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
......J
Md. Fazlul Haque J
Bangladesh Film Development Corporation, represented by the Managing Director ……………………………….Petitioner
Vs.
Chairman, 1st Labour Court, Dhaka and others……………..…………….Respondents
Judgment
November 11, 1996.
Result:
......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
.... Court upheld the conviction but modified the sentence and awarded simple imprisonment as well as fine. The present application has been filed taking various grounds- main ground taken is that at the relevant time there was no Union Parishad and as such, there was no Arbitration Council for filing a......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......na Vs. Md. Shajahan Ali, 38 DLR 140. Lawyers Involved: No one appears. Criminal Revision No.1194 of 1992. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed in the Criminal Appeal No.30 of 1989 by the learned Sessions Judge, Jessore affirmi......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ..Category: Procedural Law | Date: | Hits: 105
Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......urt Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Md. Moinul Islam Chowdhury J Akhter Hossain (Md.)…………………………..Petitioner Vs. Bangladesh and others………………………………..Respondents Judgment October 21, 2009. Resu......7 years the matter has not been finally disposed of and, as such, he had to come to this Court for the same. Although the Petitioner's C&F Agent who submitted Bill of Entry and other shipping documents for release of the goods imported by another person and that in the name of spare parts 79..Category: Fiscal/Taxation Law | Date: | Hits: 166
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....Advocate Mr. S. M. Moonir appearing on behalf of the plaintiff-respondent- petitioner while taken this court through the judgment passed by the courts below draws the attention of this court to the relevant findings of the appellate court and argued that the impugned judgment passed in appeal belo......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......70. ...... Abdur Jabbar examined him as P.W.1 and further examined one Md. Lutfor Rahman as P.W.2, Md. Habibur Rahman as P.W.3, and one A.B.M. Saifulla as P.W.4. 9. The P.W.1, marked exhibit the following documents" ক্রমিকনংওবিবরন প্রদঃ১-এস, এ, ৬৩..Category: Property Law | Date: | Hits: 119
....section 25 of the said Act. He further submits that respondent No.2 is not entitled to any benefit including gratuity which is not a part of his wages.
In view of the above, we reproduce below the relevant portions of the related sections of the Payment of Wages Act, (Act IV) 1936 as modified and......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
......isdiction)
Present:
Qazi Shafiuddin J
Md. Abdul Aziz J
Editor, Bangladesh Observer, Dhaka & another…………………Petitioners
Vs.
Member, Labour Appellate Tribunal and others……………………Respondents
Judgment
June 14, 1998.
Result:
The Ru......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
..
Category: Labour and Industrial Law | Date: | Hits: 215
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