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Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....rt directed the parties to maintain status quo in respect of possession of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 granted a loan of Tk.900000/= (ni...... The decree holder started Execution Case No.105 of 2002 which was subsequently converted into Artha Zari Case No.227 of 2003. Auction Notice was published in a number of times through some daily newspapers but none came forward to purchase the land in auction. Ultimately, the executing Court issued......ase is also Reported in: 16 MLR (HCD) (2011) 457. ......le 90 of the Code of Civil Procedure. Mr. Khalilur Rahman by submitting a supplementary affidavit dated 7.4.2001 (copy served upon the learned Advocate for the other side on that date) submitted some documents before this Court for its perusal including a family partition deed dated 13.1.1951 and su..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......nally submits that the Rules issued in both the Writ Petitions are liable to be discharged. 12. We have heard the learned Advocates of the respective parties and perused their pleadings along with papers annexed. 13. In Writ Petition No.3392 of 2009 the petitioner challenged the Memo dated 17....... Court Division (Civil Appellate Jurisdiction) Present: AHM Shamsuddin Chowdhury J Md. Delwar Hossain J Md. Shahab Uddin Chowdhury.......................Petitioner Vs. Bangladesh and others..................................Respondents Shahab Uddin Chowdhury………………......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....t of Chief Metropolitan Magistrate, Dhaka, was stayed for a period of three months and through further extensions, lastly on 7-3-2011, it was extended for another period of four (4) months. 2. The relevant facts for disposal of the Rule is that the complainant-opposite-party No.2, a shareholder......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......sion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul Hoque J Golam Mahbub (Md.)……………………………. Accused-Petitioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011. Result: ......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....en the complainant again pressed the accused to repay his loan with profit, then the accused again issued a cheque of Taka 75,00,000; that the complainant placed the cheque of Taka 1,50,00,000 in the relevant bank for encashment but the cheque was dishonored; that the complainant approached the ......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. ...... Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hye J AKM Fayekuzzaman………………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. ......the accused petitioner may get any relief under section 265C of the Code of Criminal Procedure. Section 265C runs thus- "265C. Discharge. If upon consideration of the record of the case and the documents submitted therewith and after hearing the submission of the accused and the prosecution in..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....odule 4PSU Supply 60W Digital Exciter 5. M/s. Elenos, Italy 2 PA Module Unknown 2PSU Supply Unknown 13. The relevant provisions of laws necessaryfor the disposal of this Rule are quoted below: Sub-section ......questing the Secretary, Ministry of Information and Mr. Dale Harvey, Senior Sales Engineer of the petitioner to appear or to send authorized representative before the Review Panel with all supporting papers. On receipt of the notice Mr. Dale Harvey authorised the local agent Messrs ASBL Internationa...... to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ...... 15. Regulation 14 (1) and (2) of the Public Procurement Regulations, 2003 provides: "Regulation 14. Rejection of all tenders, proposals and quotations. (1) If so specified in the tender documents or in a request for proposals or a request for quotations a procuring entity, after approv..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......per Rules and Regulations of Bangladesh Red Crescent Society in which Muslim Law of inheritance has no manner of application. Learned Advocate also submits that, learned Judge without considering the papers and documents, particularly the Rules and Regulations relating to Provident fund scheme of Re......preme Court High Court Division (Civil) Present: Sharif Uddin Chaklader J AKM Abdul Hakim J Ms. Nurunnahar Begum…………………………Appellant Vs. Sheikh Moqbul Ahmed and others………………………………Respondents Judgment October 21, 2009. Result......hmed, is the son of the applicant. P.W.2, Md. Younus Ali and P.W.3, A. Khaleque Miah are the neighbours of the applicant. Opposite Party examined herself as O.P.W.1. The applicants exhibited 10 documents. 7. Learned Judge by the impugned Judgment and order passed the following order:- ..Category: Civil Law | Date: | Hits: 136
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. .......13 Md. Ruhul Amin stated that on 10‑9‑91 he was Assistant Police Commissioner, of DBDMP Dhaka. He stated that as Investigating Officer of the case he visited the place of occurrence, perused all papers annexed with the ejahar, prepared the sketch map of the place of occurrence Ext.11 and with i......……Appellant Vs. State………………………………Opposite Party Judgment December 1, 1996. Result: The appeal is allowed. Cases Referred to- Amir Hossain Howlader and ors. Vs. State, 37 DLR (AD) 139; Abdus Shukur Vs. State, 16 DLR 148; 12 DLR (SC) 156. Lawyers......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....order to prove its case while the defence examined none, but accused Mofazzal Ali Haider or Haider Ali produced some documents. 9. P.W.1 Dr. Nakul Kumar Dutta, the informant of the case was at the relevant time RMO of Md. Ali Hospital, Bogra. He stated that on 25‑4‑90 Cashier Aftab Hossain, c......the judicial custody, that he used plain paper in completing the recording of confessional statement as there was no sufficient space in the printed form, that he and confessing accused signed on the papers. The confessional statement has been marked as Ext.3 and his signature as Ext.3/1 and he also...... Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and others Vs. State, 42 DLR 37; Sheikh Ah......nt Kamal Ahmed and Emdadul Huq made some statements in self defence while accused Haider Ali who always said that his name was Mofazzal Ali Haider, in addition to making some statements produced some documents in support of his defence. The learned Additional Sessions Judge after hearing the argumen..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them is a relevant fact as against each of the persons believed to be so conspiring. as well for the purpose o......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ...... June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997) 11; AKM Mohinus Sakh and others Vs. State, 45 DLR 386; 17 BLD (AD) 54. Lawyers Involved: Mahbubur Rahman with Farah...... so that innocent persons may not be harassed on false and vexatious allegations. Section 265C of the Code of Criminal Procedure reads as follows: "265C. If, upon consideration of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution ..Category: Criminal Law | Date: | Hits: 107
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....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. ......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. ...... Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Nazrul Islam Mollah alias Nazrul Islam Mollah…………………Accused-Petitioner Vs. The State and another……………………Opposite Parties Judgment August 3, 2009. Result: T......rt of Magistrate. These two sections indicate that when an accused is brought for trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the documents may discharge the accused. These two sections have nothing with quashing of a proceedi..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....ething to be amiss when they detected certain inflated expenditures under various heads pertaining to ostensible purchases of these very materials cropping up in the Company's Audit Reports for the relevant years. The Petitioners in this regard have come to rely upon the Audit Reports prepared for......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. ......Division (Statutory Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Aktar Hossain, Son of late M.A. Hakim Hawlader, Director of Capital Tower (Pvt.) Ltd. 11, Purana Paltan, Dhaka and others…………………………….Petitioners Vs. Capital Tower (Pvt.) Ltd. At prese......for injunction, this Court issued the following direction: "Pending hearing of the application for injunction the respondents are directed to allow representative of the petitioners to inspect the documents, the vouchers, receipts and other expenditures incurred by the Company and to involve him ..Category: Company Law | Date: | Hits: 177
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....গঠিত হয়েছে হতে পারে, মৃতা ফাঁস দিয়ে মরেছে”। 22. P.W.8 Mostafa Kamal was the officer-in-charge of Danut police station at the relevant time who took up the investigation on 08.04.1994 and filled up the FIR form. He proves the ......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......t Vs. The State……………………………………Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....d ors. 5. I have heard the learned Advocates of both sides and perused the plaint, the written statement, the application for amendment of the plaintiff and the impugned order from the record. The relevant law regarding amendment of pleadings in a suit is provided in Order 6 rule 17 of the Code o......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ...... in:48 DLR (HCD) (1996) 372. ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
..... In this connection reference may be made in the case of Tarangini Debi Vs. Govinde Mallik and ors reported in 9 DLR 57. In the instant case the plaintiff has termed the sale of the suit land in the relevant certificate proceeding to be a nullity on the ground of certificate proceedings having been......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. ...... Sree Sree Ram Krishna Dev & ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11 DLR 377; Tarangini Debi Vs. Govinde Mal......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)
....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. ......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. ......sion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Eastern Bank Limited……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Resu...... be raised and decided in that suit after considering evidence and there is no scope of holding at this state that the same was not a loanrelying upon statements madeby the defendant‑petitioner and documents produced by the defendant. He further submitted that there is no scope of going beyond the..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....re not recovered from the accused. But the case of the accused persons is that those were Bangladeshi sarees and they are Feriwalas and they were going to sell the sarees in the village. So, the most relevant question in this case is to decide whether the sarees which were seized are Indian sarees o......query those two persons remained silent and, as such, on suspicion the members of the patrol party opened the bag and found 25 Indian printed cotton sarees. These two persons could not show any valid papers for possessing the sarees. Then the seized sarees were prepared in seizure list and the accus......s 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
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... 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. ......sp; ......) Is the defendant No.3 liable for the alleged claim of the plaintiff? 8. At the trial the plaintiff examined his attorney Mr. Abdul Hamid Khan as P.W.! as sole witness who submitted the following documents which were marked exhibits 1-9 which are as follows: Exhibit No. Ide..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
....erring to the share list as published in the 'Daily Prothom Alo' dated 15.3.2010 submits that out of 8 (eight) companies 5 (five) companies name have been listed therein. This dispute is not at all relevant to resolve the dispute of this Rule.
12. Now, let us examine the relevant provision of......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.
......ed in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......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
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......formation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......ding the issue of maintainability and the plaintiff has exclusive right title interest and possession in the suit land. 6. In course of trial the plaintiff examined four witnesses and proved his documents as exhibits 1-8. The defendants examined two witnesses and proved their documents as exhib..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....nal Code, now pending in the Metropolitan Magistrate, Court No.11, Dhaka, should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts for the purpose of disposal of the rule may be briefly stated as follows: One Mazh......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. ......er Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- Nazurl Islam Vs. The State, 13 MLR (AD) 157 and 184; Ali Akkas Vs. Enayet Hossain and others, 17 ELD (AD) 44; Abdul Quader Chowdhury and other......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
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