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Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....ribunal No.2, Gazipur, in Acid Aparadh Daman Case No.02 of 2002, arising out of Joydebpur Police Station Case No. 26(8)02. corresponding to G.R. No.812/02 convicting the accused-appellant (convict-prisoner) under Section 5(Kha) of the Acid Aparadh Daman Ain, 2002 and sentencing him to suffer rigorou......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. ......lfuric acid. He also recorded the judicial statement of the victim under Section 19 of the Ain and thus submitted a charge sheet under Sections 5(Ka)/7 of the Acid Aparadh Daman Ain, 2002 praying for trial of the accused persons. 4. The case was ultimately received by the learned Judge of the Aci......or the Accused-Appellant. No one appeared - For the Respondent. Jail Appeal No.102 of 2004. Judgment Abdus Salam Mamun J.- This Jail appeal has been directed against the impugned Judgment and order of conviction and sentence dated 30th September 2003, passed by the Acid Aparadh Daman Tri..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....sent: Muhammad Ansar Ali J Abdus Salam................Appellant Vs. Korban Ali and another..................Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Cases Referred to- MA Jahangir and another Vs. Abdul Makk and others, 41 DLR 389; Nuru......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. ......shall pay a sum of Taka 300.00 (three hundred) as costs to the contesting defendant‑opposite party within 6(six) weeks from the date of receipt of this Judgment and order by the Court below and the trial Court is directed to proceed with the trial of the suit after amendment of the plaint as propo...... 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)
....rs Involved: MA Wahab, Advocate - For the Appellant. Not Represented ‑ For the Respondent. First Miscellaneous Appeal No.131 of 1991 (Dhaka). First Miscellaneous Appeal No.4 of 1983 (Jessore). Judgment Md. Ansar Ali J.- This Miscellaneous Appeal at the instance of the defendantâ€......ia was thus a nullity and it was void ab‑initio. The alleged auction purchaser defendant Nos.1‑3 did not get actual delivery of the suit land. The plaintiff however claimed to know about the so‑called auction sale later on and then filed two Misc. Cases being No.528/73‑74 and 527n3‑74 befo......itle Appeal No.230 of 1980 reversing the Judgment and decree dated 20‑11‑80 passed by the learned Munsif, 3rd Court, Narail in Title Suit No.611 of 1978 and sending the suit back on remand to the trial Court for fresh hearing and disposal in the light of observations made in the body of the impu...... 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..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....ed……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Result: The Rule is made absolute. Cases Referred to- Foley Vs. Hill, (1848) 2HL case 28; Rupali Bank Vs. Haji Ahmed Sowd......o not find any term like deposit or placement of fund in the said definition. 12. Court below held that amount deposited with financial institution should be treated as loan by whatever name it is called. But the Court below did not assign any reason for coming to the said conclusion. On examinin......espondents should not be directed to refrain from proceeding with the suit in the said case which Petitioner respondent No.2 is not permitted by law to do. 2. Respondent No.2 Saudi Bangladesh Industrial and Agricultural Investment Company Limited filed on 2‑7‑1994 Money Suit No.6 of 1994 in t......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..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....e Special Powers Act, 1974 and sentencing each of them to suffer RI for three years and to pay a fine of Taka 1000.00. 2. The prosecution case is that, while a Sub‑Inspector of Police along with some constables of police of Nalitabari P.S. was on patrol duty of Haluaghat‑Nalitabari Road, they......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. ......s 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)
....Local Agent: Aquamarine Ltd., defendant No.(2) Aquamarine Ltd. 58, Agrabad C/A, Chittagong, defendant No.3 Regensea Lines Ltd. the local Agent of the Feeder Vessel 'MV Padma', defendant No.3A. Sea Consortium Bangladesh Ltd. and defendant No.4 ContiÂnental Exports Inc., has been heard at the presenc...... 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. ...... plaintiff entitled to recover the compensation for the loss and damages in accordance with the survey report? (5) 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 submitte......sp; ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....manullah and others........................Petitioners Vs. Md. Sirajul Islam.....................................Opposite Party Judgment January 18, 2009. Result: The Rule is made absolute. Cases Referred to- Noor Mohammad Khan and others Vs. Government of the People's Republ....... 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. ...... 5. On the pleadings different issues were settled including the issue of maintainability and the plaintiff has exclusive right title interÂest 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......formation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....d in:16 MLR (HCD) (2011) 399. ......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necesÂsary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ...... accused petiÂtioner, as it is found from the first information report, an act of criminality within meaning of Sections 06/206/506 of the Penal Code can be perceived which can be established during trial and at this stage the proceeding can not be quashed. Accordingly, he prayed for discharge of t......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 othÂers, 17 ELD (AD) 44; Abdul Quader Chowdhury and other..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....uddin 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 declaration of title and for recovery of possession, the plaintiff must pr......operty authority has got no legal authority to lease out the said land in favour of the defendant No.2, as because the plaintiff is the sole owner of the land in question; and that on the basis of so-called lease the defendant No.2 forcibly dispossessed the plaintiff from the suit land which created...... plaintiff failed to prove his cause of action in filing the suit and as such the suit is barred by limitation. None appears to oppose the rule. 8. On perusal of the judgment passed by the learned trial Court, it appears, no issue has been framed regarding limitation. The learned trial Court on c...... 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)
....y Ms. Nadia Mizan.........................................Petitioner Vs. Artha Rin Adalat No.3, Dhaka & others .......Respondents Judgment August 2, 2010. Result: Rule is made absolute. Case Referred to- Humayun Hossain Khan Vs. Government of the People's Republic of Bang......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. ......ng court. In fact, unless the decree is not set aside executing court cannot take any independent decision over the matter in order to determine the decretal amount which has already been made by the trial court. In support of this view we may rely upon a decision of unreported case of Toufiqul Isla......s Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
....ashava repreÂsented by its Administrator and others………………….Defendant-Respondents
Judgment
April 7, 2010.
Result:
The appeal is allowed.
Lawyers Involved:
Khair Ezaz Masood - For the Plaintiff-Appellants.
None appears - For the Defendant-Respondents.
...... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
......ge and Artha Rin Adalat Narayanganj, framed necesÂsary issues in the suit.
6. The plaintiff examined 7 witnesses while the defendant examined 3 witnesses in support of their respective cases. The trial Court on the evidence on record dismissed the suit and hence the appeal.
7. Mr. Khair Ejaj ......d.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
..
Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....fendant wife is his benamdar and is not the owner thereof. 3. The case of the plaintiff-appellant, in brief, is that he married defendant No.1, Mrs. Fatema Begum who is a simple house wife have no source of income of her own and dependent on the plaintiff; that the plaintiff being an industrialis...... 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. ......pellant, in brief, is that he married defendant No.1, Mrs. Fatema Begum who is a simple house wife have no source of income of her own and dependent on the plaintiff; that the plaintiff being an industrialist and with motive to get income tax relief purchased the suit property being urban property i......s. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the People'..Category: Property Law | Date: | Hits: 134
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....dakar Abdur Rashid………………………………….Petitioner Vs. State……………………………….Opposite Party Judgment March 23, 1997. Result: The Rule is made absolute. Cases Referred to- Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader......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. ...... her prima facie liable for the offence alleged. He also submits that in this case though the petitioner is not an FIR named accused but police submitted charge‑sheet against her and the case is at trial stage and at this stage the petitioner may not be enlarged on bail. Though the learned Attorne......vision Judgment here. Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. State…………â€..Category: Criminal Law | Date: | Hits: 82
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
.... 29 DLR pages 6 and 239; 21 DLR, page 673; 17 DLR page 729, 28 DLR page 421, 29 DLR (SC) 268; 34 DLR page 290; Mohendra Kumar Roy and others Vs. Akbar Molla and others AIR 1960, 29 DLR page 6; AIR Mysore page 260(1977; Ramappa Gudadapa Vs. Chandanagouda Neelangouda 29 DLR page 239; 28 DLR page 421;......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. ......3 Mr. Latifur Rahman, the learned AdvÂocate has appeared on behalf of the appellant. He submits that the lower appellate Court erred in law in reversing the judgment and decree passed by the learned trial Court withÂout reversing his finding and referring to the material on which the trial Court b...... as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....ce; (2) that the proceedings inÂstituted against him by Memo dated 03.06.1974 under the Local Council Servants (Efficiency and Discipline) Rules, 1968 and the office memo dated 26.10.1974 inflicting some puniÂshment upon him are illegal, ultra vires, irregular and without jurisdiction and (3) that...... the first order of transfer the learned Subordinate Judge held that the plaintiff was deputed to the post of Assistant Accountant as a measure of punishment. He was not heard nor any explanation was called for from him before such an order was passed. The post of Assistant Accountant, DisÂtrict Bo......udge are set aside and the plainÂtiff'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. ......ases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; BangÂladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H...Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ir accounts. Accordingly in that case final report was submitted and a fresh FIR was lodged by Sabiur Rahman, Sub-Inspector of police, attached to Sylhet Kotwali Police Station against the accused persons namely (1) Kaisaruzzaman (petitioner), (2) Fariduddin (3) Nasrin Chowdhury (4) Iqbal uddin (5) ......Ain provides that invesÂtigation of the offence; under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafter called the Commission) or any officer of the Commission authorized by the commisÂsion to hold inves......vocate for the petiÂtioner adds that the Magistrate of the Court of cognizance accepted the police report and thereby discharged the petiÂtioner and did not send him to the Court of Session for his trial. In that case the Senior Special Judge consisting of the Sessions Judge, Sylhet, had no jurisd......d Farid uddin, the cashier of his branch, on the accusation that he as the cashier of the branch on 23.01.2003 received Taka 8, 70,000/-from Juried Ahmed, the account holder of Saving Account No.3385 and issued receipt putting his signaÂture and giving seal of the bank therein. On 17.11.2003, when ..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....resent: Syed Muhammad Dastagir Husain J Bhabani Prashad Shingha J The State...............................Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgmen...... witness further deposed that in view of complaint in the U.D. Case he went to the place of occurrence at 1 .00 a.m. at night to see the collapsiÂble gate of the place of occurrence house closed. He called nearby people and the member of the Union Parishad and after breaking the lock of the collaps......ar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirmed. Cases Referred to- Siddique Munshi Vs. State, 44 DL....................................Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirm..Category: Criminal Law | Date: | Hits: 97
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....hat the consignment was lying in damaged condition at Jetty Shed No.7, and as such the plaintiff applied to the defenÂdant No.2 for holding joint survey of goods but the defendant No.2 refused to do so by their letter dated 21.5.1975 on flimsy pretext and then M/S. Purbanchal Surveyors Limited was ......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ...... to be dismissed as against these defendants. 5. Upon consideration of the evidence on record and hearing both the sides of the counsels and with reference to the statute and decision, the learned trial Court allowed the suit by the aforesaid impugned judgment and decree. 6. Being aggrieved an......d in: 16 MLR (HCD) (2011) 369. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....e judgment and order dated 25-06-2007 passed by Special Tribunal No.5, Kushtia convicting the petiÂtioner under section 25B of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 6 years and to pay fine of taka 1,000/- in default of payment of fine to suffer 3 months......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......te........................................Opposite Party Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to- Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petit..Category: Criminal Law | Date: | Hits: 104
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....Court High Court Division (Dhaka) (Admiralty Jurisdiction) Present: AFM Abdur Rahman J Penta Marine Services Limited....................................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. R......nbsp; "The word (Hopper Barge) includes anything floating in or upon the water built in a particular form and used for a particular purpose. In this case- the vessel, if she may be so called, was built for a particular purpose, she was built as a hoper-barge; she has no motive-power,......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......on (Dhaka) (Admiralty Jurisdiction) Present: AFM Abdur Rahman J Penta Marine Services Limited....................................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. Result: The application ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
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