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MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131.......of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131.......বে অবহিত করিবে৷ 10. That being the case, this Court is of the view that it would not indeed, be overreaching itself or acting in excess of its authority to probe into the nature and scope of the respondent's statutory duty in a writ of mandamus as this. In that regard th..

Category: Information Technology Law | Date: | Hits: 171

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Moyeenul Islam Chowdhury J Abdul Malek (Md) and another.......................Petitioners Vs. Sanowar Hossain and others……………………..Opposite Parties Judgment January 21, 2007. Cases Re...... to which the said land appertained. The application was described as one coming under section 96 of the State Acquisition and Tenancy Act Subsequently, when it was realised that having regard to the nature of the disputed land the relief prayed for could be granted under section 24 of the Non Agric..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ...... High Court Division (Civil Appellate Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Chairman, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- M......der. Thereafter, defen­dant vide its Office Letter dated 23-1-1990 issued letter of allotment in favour of the plaintiff. The defendant induced the bidder to participate in auction showing incorrect nature of land in the auction notice published in the newspaper. After registration of lease agreeme..

Category: Property Law | Date: | Hits: 31

Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)

....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......e is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......Judge, 2nd Court, Lalmonirhat. In that suit he filed a petition under Order XXXIX, rule 1 of the Code of Civil Procedure praying for ad interim injunction restraining the defendants from changing the nature and character of the suit property and from proceeding with the construction work. The presen..

Category: Property Law | Date: | Hits: 46

Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......he judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......of Local Government Ordinance, 1976 as no prior notice was issued before its institution. He lastly submits that the provisions made in section 91 of Local Government Ordinance, 1976 are mandatory in nature. In support of his contention, he relies on 2 cases, which we shall consider later. 10..

Category: Property Law | Date: | Hits: 25

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......e lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......e informant had put his thumb impression. He proved the first information report (Exhibit 1) and the Inquest Report (Exhibit 2) prepared by the police at the place of occurrence and identified his signature on the Inquest Report as Exhibit 2/1. In his cross-examination, he stated that he knew that a..

Category: Criminal Law | Date: | Hits: 167

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......Appellants Vs. Md. Shamsuzzaman and others………….…………….Respondents Judgment July 19, 2006. Cases Referred To- Ali Mahammad Khan (represented by his heirs) vs. Riazuddin Khera PLD 1981 Karachi 171; Shankarkal Narayan Das vs. The New Mofussil Co Ltd. and others AIR 19......e for Taka 41,22,000. Thereafter the plaintiff paid the entire money for Taka 41,22,000 by two cheques dated 12-3-1997 and 16-5-1997 which he proved as Exhibits Kha and Kha(1) respectively and his signature thereon as Exhibits Kha-1(1), Kha-1 (2) respectively. The plaintiff also signed in the applic..

Category: Business or Commercial Law | Date: | Hits: 208

Abul Kalam Vs. State, 2005, 34 CLC (HCD)

....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......d. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......gue for autopsy and arrested the accused. In the post-mortem report it was opined that the death was due to asphyxia as a result of strangulation by throttling, which was ante-mortem and homicidal in nature. On receipt of the post mortem report PW 9, ASI. Sree Mukul Chandra Das as informant lodged t..

Category: Criminal Law | Date: | Hits: 40

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......s vs. Ghulam Shah 15 DLR 315; PLD 1982 (Kar) 111; AIR 1961 Bom 136; AIR 1953 Cal 15; Abdur Rahman vs. Sajjadur Rahman 51 DLR 420; Abul Kalam Azad vs Sunhar Ali 46 DLR (AD) 130; Major (Retd) M Afsaruddin vs Kamal Rahman 41 DLR 190; Kirtish Chandra Dev vs. Begum Sufia Akhtar 1992 BLD 591 = 46 DLR 313;......ereas in the additional written statement they admit the existence of the agreement of sale but disputes its genuineness and validity stating that the plaintiff created such agreement by obtaining signature of their predecessor-in-interest on blank cartridge papers on fraudulent misrepre­sentation ..

Category: Property Law | Date: | Hits: 42

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

.... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ...... be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ......the higher forum as required under section 42(1) of the Artha Rin Adalat Ain, 2003. Mr. Alam further contends that the cheque (Bearer/Account Payee) though a negotiable instrument is not identical in nature hence, cannot be equated with the "Bank Draft" or "Pay Order" occurring in section 42(1) of t..

Category: Civil Law | Date: | Hits: 90

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......rts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......he Mohammad Ali Hospital in critical condition. On the following day at 7-00/8-00 PM he succumbed to the injuries. The ejahar was written at the dictation of him which he proved as Exht. 1 and his signature thereon as Exhibit 1/1. In cross examination he stated that the accused Nantu, Farid and Faza..

Category: Criminal Law | Date: | Hits: 44

Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)

....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......an Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......rence took place on 10-4-97 and the appellant made confessional statement on 22-4-1997 disclosing his active involvement in the occurrence which is not only true and voluntary and also inculpatory in nature and, as such, the same alone may be a ground for holding the accused appellant guilty for the..

Category: Criminal Law | Date: | Hits: 45

Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)

....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......r to trial and not just as a matter of course of only on police showing them in the chalan to be absconder. 18. The procedures though appear to be merely procedural, are in fact substantive in nature concerning substantive right of an accused to be heard before he is condemned. These are mand..

Category: Criminal Law | Date: | Hits: 31

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......y on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ...... the offence and the guilt of the accused lies from first to last on the prosecution. The prosecution must disprove any defence of explanation raised by the accused, even if it appears affirmative in nature. 23. In the instant case, the charge against the accused Alhaj Abul Kashem is under se..

Category: Criminal Law | Date: | Hits: 41

Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)

.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......le is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......articularly when the Election Tribunals are manned by Munsifs". Paragraph 41 of the Judgment runs as follows: "Finally, an Election dispute relates to a right to office. The dispute is Civil in nature. Judicial officers who decide civil disputes have been empowered to decide Election dispute. ..

Category: Election Law | Date: | Hits: 100

Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

....part subject to the modification with re­gard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......nstitute culpable homicide not amounting to murder punishable under section 304 Part I of the Penal Code." Similarly it has been held in the decision reported in 1985 BCR (AD) page 315 that "From the nature of injuries and the facts and circumstances of the case, it is apparent that at the time the ..

Category: Criminal Law | Date: | Hits: 52

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22....... be asking for a declaration that the documents existing in favour of the present petitioner is a fraudulent document and she is the owner thereby, introducing new facts and cause of action, changing nature and character of the suit, which amendment at this belated stage would be unwarranted. 14...

Category: Property Law | Date: | Hits: 39

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

.... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......oner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11....... the skin mus­cles and vessels were found injured. 14. The Doctor opined that the death of Babu Mollah was due to shock and hemorrhage as a result of injury which was ante-mortem and homicidal in nature. He further opined that the injuries could be caused by sharp-cutting weapons such as knife. ..

Category: Criminal Law | Date: | Hits: 42

Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)

....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......itioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......hich he is shown to have committed, although he was not charged with it. Section 236 Cr.P.C. speaks that the act or series of acts alleged must be such so as to make it doubt­ful regarding the exact nature of the offence that may be made out on proof of such act or series of acts. And section 237 C..

Category: Criminal Law | Date: | Hits: 26

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......w did not properly sift the evidence and did not notice the contradictions made by the P.Ws in their statements. He also submitted that the liabil­ity arising out of business transaction is of civil nature and as such there can be no criminal liability under this section. His last submission was th..

Category: Criminal Law | Date: | Hits: 37