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Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
.... High Court Division (Criminal) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Dinesh Bhandu Sen Gupta and another…………………….Accused-Petitioners Vs. The State and another…………………..Opposite parties Judgment May 15, 2006. Result: Th......etitioners under section 448/385/527/506 of the Penal Code and issued process. Ultimately, in due course of law the case record was transmitted to the Sessions Judge, Comilla for trial and in the meantime the Secretary of Comilla District Bar Association issued a notice dated 02.03.2004 (Annexure-E)......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....ourt High Court Division (Criminal) Present: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Md. Maksudur Rahman @ Masud and others……………………Petitioners Vs. The State……………………….Opposite Party Judgment March 28, 2007. Result: The Rule ......sed-petitioners under section 561A Cr.P.C. issued the instant Rule and stayed all further proceedings of the aforesaid case for a period of 6 months and thereafter the order of stay was extended from time to time and finally by order dated 11.01.2007 the order of stay was extended till disposal of t......t, an Assistant Station Master of Dhaka Cantonment Railway Station, after receiving the information about the disappearance of his daughter went to his father-in-law's house. Again on the date of the recovery of the dead body i.e. on 21.12.2000 he came to the house of his father-in-law and having go......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....py of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......ter 10 minutes he heard a sound of kick at the door of his uncle Abdul Motlib (now deceased) and then he saw accused Moinuddin, Mofiz and Farid entered into the room of his uncle and at that point of time Farid told to Moinuddin to open fire, on that, accused Mofiz switched on his 3 battery torchlig......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......he premises. This witness also stated that she took her husband to hospital for treatment. This witness further stated that as a local UP member her husband Abdul Hoque gave evidence in a dacoity and arms case against the accused persons and whereupon they became angry with her husband and for which..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....harged. Case Referred to- Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, 49 DLR 456. Lawyers Involved: JK Paul with Banamali Nandi, Advocates - For the Petitioner. Abdul Mannan Khan with Abdul Wahab, Advocates - For the Opposite...... his submission enclosed with the counter-affidavit marked Annexures X(1), X(2) and X(3) submitted against an application filed by plaintiff for vacating the order of stay passed by this Court at the time of issuance of the Rule. 9. On the other hand, Mr. Abdul Wahab, the learned Advocate appeari......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....€¦â€¦â€¦â€¦.Petitioner Vs. Bangladesh & others……………………Respondents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil petition for Leave to ...... and, as such, the same is not binding on the petitioner. It was furÂther alleged that the award was not given on the said date inasmuch as, the alleged award was neither delivered within prescribed time nor served upon the petitioner on 8-5-1996. That the signatures of respondent No.4 as appeared ......airman, Bangladesh Water Development Board Vs. Shamsul Huq and Co. Ltd. reported in 51 DLR (AD) 169 wherein it has been observed: "High Court Division in its writ jurisdicÂtion is not a Court for recovery of money and has no jurisdiction to give direction for payment of a particular amount of mo......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
.... High Court Division (Criminal) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Sabina Rahman Mukti and others...............................Accused-Petitioners Vs. The State................................................................Opposite party Judgment Feb......ay cash taka, valuable house hold articles including his daughter from his house, which in fact cannot form criminal case inasmuch as the allegation as attributed in the FIR clearly shows that at the time of lodging First Information Report their marriage was in subsistence and the accused petitione...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....inal Revisional Jurisdiction) Present: Fazle Hussain MohamÂmad Habibur Rahman J Md. Abdul Jalil J Md. Rafiqullah & another………………………………Petitioners Vs. The State………………………………Opposite Party Judgment January 6, 1986. Result: ......be absconding. Issue W.A. & P.A. To 29.1.84". On 29.1.84 the Chief Metropolitan Magistrate Mr. M.R. Chowdhury transferred the case to his own file for disposal. The case record was sent in the meantime to the Sessions Judge for disposal of a petition by 3rd party for transÂfer of the case to som......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
..... ......he learned Assistant Attorney General, let us now weigh and sift the evidence on record adduced by the prosecution in support of the charge. 12. P.W.1, Md. Hazrat Ali, deposed that at the relevant time he was posted as Officer-in-Charge of the Mollarhat Police station. He recorded the First Infor......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....eir respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......hat the accused persons further admitted that they received the forged currency notes from Sathi, Mojibur and Kalu of Rajshahi Town and that they are continuing forged currency notes trade for a long time. 3. Khondaker Md. Iqbal, Assistant Police Super, C1D Khulna Zone, Khulna, took up the invest......rge so framed, the deposition of the prosecution witnesses and the impugned judgment and order and materials available in the paper books and submits, that the prosecution failed to prove the alleged recovery of counterfeit money from the possession of the accused appellants by reliable and independ......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....gh Court Division (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Akhtaruzzaman Akhtar Shah (Md.)..................Accused Petitioner Vs. State....................Opposite Parties Judgment March 10, 2011. Result: The Rule is dis......tute a valid marÂriage between them. The man's subsequent conduct in deserting the woman after she became pregnant and in even repudiating the marriage will not suffice by itself to show that at the time when he participatÂed in the ceremonies he intended to deceive her. 8. On going to the mate......ve the Rule is disÂcharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......ve the Rule is disÂcharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ...... deed was executed in favour of Nazar Ali by the Ministry of Works and the agreement for sale was made only after obtaining letter of allotment from the authority concerned; Nazar Ali during his life time could not execute and register the deed of transfer in favour of Jahanara in view of absence of......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Sunil Kumar Ghosh & others………………………………………Petitioners Vs. The State & others……………………………………………………Opposite-Parties Judgment......took lease of the property and as they did not get the lease renewed the same has been leased out to defendant No.4. 5. Defendant No.4 filed a separate written statement but did not turn up at the time of trial. The learned Subordinate Judge, on consÂideration of the evidence on record, decre......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
..... Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......he case was fixed for hearing on 9-11-2004 without notifying the parties. The matter was adjourned till 21-3-2006. But the Court of Settlement did not notiÂfy the same to all the parties. In the meantime, the respondent No.5 filed an application before the Court of Settlement on 30-4-2006 without s...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
....omes Limited......................Petitioner Vs. Registrar of Joint Stock Companies, Dhaka, Bangladesh...................Defendant Judgment August 27, 1996. Result: The application is allowed. Cases Referred to- Scott Vs. Scott (Frank F.) (London) Ltd., 1940 Ch. 794. ...... (fifty thousand) ordinary shares of 1,000 (one thousand) each. 4. It has been stated in the petition that out of the said authorised capital 5,000 (five thousand) shares were issued. 5. At the time of the formation of the company promoters cum founder share‑holders agreed to invest capital ......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ..Category: Company Law | Date: | Hits: 74
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....cated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......ng defendant No.2 and respondent No.4 in this writ petition. The petitioner stated in the writ petition that on 18-10-1999 the receiver came to his house and on that date the petitioner for the first time came to know about the claim of the bank as well as the Judgment and decree dated 13-9-1999 pas......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ..Category: Procedural Law | Date: | Hits: 114
Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
....ected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......ibed under section 339C of CrPC has already been elapsed. 6. Section 339C(4) of the Code of Criminal Procedure is quoted as under "339C. (4) If a trial cannot be concluded within the specified time, the accused in the case, if he is accused of a non‑bailable offence, may be released on bail...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ..Category: Procedural Law | Date: | Hits: 72
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......€‘6-97 which was, in fact, given a retrospective effect and this Director General had no authority to pass an order giving retrospective effect to the prejudice of the present petitioners who by that time acquired a vested right in‑their respective posts of the said college. Further, it appears th...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....ng the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......the Code of Civil Procedure, with the prayer that the plaintiffs should not be evicted from the suit property of the M/s Combined Food & Cold Storage Ltd. forcefully or illegally etc. At the same time the plaintiffs have also prayed for an interim order to that effect. 5. The defendant No.7 S...... 20 and 33(5) of the Artha Rin Adalat Ain, 2003. Hence, he has prayed for setting aside the impugned order with exemplary cost against the plaintiffs and the Judgment debtors who have been preventing recovery of the Bank loan outstanding since long, which is public money, by resorting to this harass......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ..Category: Administrative Law | Date: | Hits: 212