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Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....in short, is that, on 10-12-1994 the informant Md. Moslem Uddin (Officer-in-Charge Saraigachhi Food Godown) after completing his official duty at about 2-00 PM he locked up the said godown's door and handed over all responsibility to one Rezaul Karim who is the guard of the godown; that on the follo......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..

Category: Criminal Law | Date: | Hits: 116

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....accused persons took them to the house of Kafiluddin and assaulted them on the plea of stealing IRRI paddy and that because of such assault Nazrul Islam succumbed to his injuries. 19. On the other hand, defence totally denies such allegation stating that due to stealing of paddy the mob assembled......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ed as continuing mandamus so that this Court can give direction from time to time. 10. Mr. Razik-al-Jalil, the learned Deputy Attorney-General appearing on behalf of respondent No.4, on the other hand, submits that the Government is completely aware of impending dan­ger of earthquake and that n...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ..

Category: Constitutional Law | Date: | Hits: 211

Momena Khatun and oth­ers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

.... a security bond on 18-3-1992 admitting the agreement for sale dated 19-3-1990. It is further plaint case that Kazi Golam Hossain, Chairman of defendant No.1 and prede­cessor of defendant Nos.2 to 4 handed over the original lease deed to the predecessor-in-interest of the plaintiffs in respect of t......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...

Category: Property Law | Date: | Hits: 78

Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)

.... and Sultana Razia) in their house after taking meal. In the night following 16‑1‑2003 at 1.00 hours the accused persons armed with various deadly weapons like cut rifle, pistol, ramdao, knives, hand bombs, trespassed into their north bithi dwelling house by breaking the door and beat the infor......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...

Category: Criminal Law | Date: | Hits: 64

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....1997. 4. Respondent No. 2 has filed affidavit-in-­opposition contending, inter alia, that the respondent No. 2 had no managerial or administrative function and he had been a technical and skilled hand, as such, the management dealt with him and treated him as a worker under the provision of Empl......excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ..

Category: Labour and Industrial Law | Date: | Hits: 188

Wazir Jahan Begum and another Vs. Government of Bangla­desh and others, 2003, 32 CLC (HCD)

....t and order passed by the learned Subordinate Judge and Artha Rin Adalat, Comilla is equally without lawful authority and therefore, the impugned order has been passed without any basis. On the other hand, Mr. KS Zaman, the learned Advocate appearing for the respondents, submits that in view of the ......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...

Category: Civil Law | Date: | Hits: 81

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....2004) 614.......C due to absence of the complainant with observation that the complainant was unwilling to proceed with the case. 5. Learned Advocate argues that in impugned order dated 21‑1‑1995 there was no note as to the service return of the witness summon on the expert issued on 8‑1‑1995 in order to..

Category: Procedural Law | Date: | Hits: 73

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....hat he has kept the said gun under the bamboo clump of one Kirshno Master of village Barail. He went to the said bamboo clump taking the accused along with some other people and he himself by his own hands, recovered the said gun, etc. barrel and butt kept separately inside a polyethylene paper tied......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....s deal with a common question of law and fact. 2. BIVAC International SA and another, Intertek International Limited and another, SGS Societe Generale de Surveillance SA and another, Overseas Merchandises Inspection Co. Limited and another are the petitioners respectively in writ petition Nos. 5......যতা যাচাই প্রকল্প প্রণয়ন বা বাস্তবায়নের তদারকি করেন।” So quotation ‘So ২০ So ২০ ০০’ denote ‘Jarip Shangstha’ and ‘So ৩২ So ৩২.০০’ consultancy firm and supervisory fir..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

.... Ain, 2003. But the learned Judge of the executing Court has admitted the second execution case violating the law of special limitation, and as such it is without lawful authority. 5. On the other hand Ms. Nasrin Ferdous, the learned Advocate appearing for the respondent-bank though admits the fa...... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 107

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

....n of section 34(9) of the Ain was not complied with and without such compliance, issuance of warrant of arrest was in clear violation of law and therefore without lawful authority. 6. On the other hand, Mr. Mohammad Ali, the learned Advocate for respondent No.2 submits that as the decree-holder b...... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 80

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....W.1 and formally proved the registered sale agreement, sale deed of his wife in respect of five decimals of land, three legal notices with postal receipts and some other documents. 7. On the other hand, defendant No.1 Mokter Ali Mondal himself deposed as D.W.1 and exhibited an unregistered sale a......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ..

Category: Property Law | Date: | Hits: 99

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....llant at no point of time, was in charge of the godown, or kept the key with him. In any view of the matter, the appellant cannot be held liable for the shortage of stock, if any. 8. On the other hand, Mr. Md. Shohrowardi, learned Deputy Attorney General appearing for the State referring to the ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sion of first party-petitioner over the case land. His specific case was that the original owner late Keramat Ali died leaving behind his son Idris Ali (father of the petitioner) and daughter Jhalak Chand Bibi, who died living behind her son Zahiruddin and two daughters, Kalom Chand and Parijan Bibi......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....t over the same. 3. Subsequently the said Ramjan Ali sold the suit property to the plaintiffs’ father and predecessor-in-interest Mukhlesuddin Ahmed by a registered sale deed dated 11.5.1978 and handed over possession thereof to him. Even after the said transfer, Ramjan Ali was all along presen....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....bitrator. In such a case, the Court, if moved in time, may stop proceedings of such a suit and direct that the matter be settled by an arbitra­tor in terms of the agreement. Section 20, on the other hand, comes in aid of the party who intends to submit the dispute to an arbitrator in terms of the a...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....he tenancy. The defen­dant led the evidence to prove that the land has been under direct cultivation of the defendant. Defendant field certain dakhilas Exhibit A to A(5) of which Exhibit A is in the hand-writing of the plaintiff and Exhibits A to A(5) are in the hand-writing of Keramutullah Mondal,......ে পত্র পৌত্রাদি ওয়ারীশানগন ক্রমে চিরকাল ভোগ দখল ও তছরুপ করিতে থাকহ।” 11. The above noted recitals show that the lessee was allowed to hold the land at fixed rate of rent; and it autho..

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....; Tanviben Pankajkumar Divetia Vs. State of Gujarat, AIR 1997 (SC) 2193; State of U.P. Vs. Dan Singh AIR 1997 (SC) 1654; State of Andra Pradesh Vs. P.T. Appaiah and another AIR 1981 (SC) 365; Sharat Chandra Mitra Vs. Emperor ILR 38 Cal. 202; Ahmed Sher Vs. Emperor AIR 1931 Lah. 513; Granade Venkata ......tinguishable from the case of the appellant with regard to whom there is difference of opinion on some point or points but no disagreement on other points." 22. In the facts of the instant case I note that both the learned Judges of the Division Bench are in agreement that the appellants are gui..

Category: Criminal Law | Date: | Hits: 94

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

.... it is apparent that this copy was obtained just a few days before hearing of the leave petition. On perusal of the original record we noticed that the order dated 13th July, 2009 was written in same hand writing with same ink. We find no interpolation in the entire order-sheet. Therefore, we have n......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100