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Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)

....im @ Ibrahim Vs. State, 41 DLR 524; Arshadullah Vs. the State, 21 DLR 684;Bhuboni Sahu Vs. The King, 2 DLR 39; Kochi @ Jishan & ors. Vs. The State, 8 BLD, 412. Lawyers Involved: Zakir Ahmed and Md. Ashfaqul Islam, Advocates ‑ For the Appellants. Shah Azizur Rahman Assistant Attorney G......d the accused‑appellant cannot get a benefit of this mistake in the charge‑sheet for getting acquittal. 9. Next, he has submitted that the evidence of all the witnesses of recovery is good and proper evidence under section 3 of the Evidence Act. All the witnesses have stood the test of cross..

Category: Criminal Law | Date: | Hits: 85

Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)

....992) 158. ......milla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property to be recovered before the Village Court is maintainable. 2. The predecessor‑in‑inte..

Category: Property Law | Date: | Hits: 74

Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)

..... ......artnership firm, against the pledge of oil seeds and other stock-in-trade. The defendant Nos.2 to 4, the partners of the defendant No.1 also executed collateral security. Defendant No.3 mortgaged his property as further security for the loan. The charge documents were executed on 27-5-1963. The defe..

Category: Business or Commercial Law | Date: | Hits: 196

Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)

.... the State. Criminal Appeal No.538 of 1995. Judgment Md. Hamidul Haque J.- This appeal at the instance of sole convict appellant Khorshed is directed against the judgment order of conviction and sentence passed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.4......d to give a different version at the time of trial, the other witnesses supported the prosecution case and proved the same. So, according to him, the conviction given by the trial Court was legal and proper. 4. We have already noticed that in this case the informant himself gave different version..

Category: Criminal Law | Date: | Hits: 54

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

....ower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......b impleading the opposite parties No.1-4 as first party defendant and opposite parties No. 5-7 as 2nd party defendants, praying for declaration of their rayati right by purchase in ‘kha’ schedule properties which is included in ‘Ka’ schedule property and for a declaration that the Kabala exe..

Category: Property Law | Date: | Hits: 65

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

.... Reported in: 45 DLR (HCD) (1993) 675. ......tle Appeal No.170 of 1992 allowing appointment of receiver during the pendency of the appeal, should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to this Rule are that the plaintiff petitioners instituted a sui..

Category: Property Law | Date: | Hits: 68

Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)

....connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499....... gang cannot be held liable by applying the provisions of paragraph 5 of the Schedule to the Special Powers Act, 1974. So, we are of the view that the conviction of appellant No.3 Nazrul Islam is not proper and legal. In the result, the appeal is allowed in part. The judgment, order of conviction..

Category: Criminal Law | Date: | Hits: 59

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ating, inter alia, that he delivered possession to the petitioner of Title Execution Case No.20 of 1997 in 18 acre of land hut he could not deliver the possession in the remaining portion of the suit property due to apprehension of tough resistance by the judgment- debtors and prayed for a larger co..

Category: Civil Law | Date: | Hits: 66

Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)

....ner Vs. Jalaluddin Jafar Ali Husein………………………..Objector Judgment May 27, 1999. Result: The review application is not allowed. Cases Referred to- Maqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and others, 48 DLR (AD) 82; 50 DLR 429; 51 DLR 118; 48 DLR (......de of Civil Procedure applicable for review by the Company Court. Even if for argument sake, provisions of Order 47 rule 1 were applicable, the grounds contained in the review application are not the proper grounds for review as contemplated under Order 47 rule 1 as they seek to re-open the case whi..

Category: Company Law | Date: | Hits: 186

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

....ellate Jurisdiction) Present: ABM Khairul Haque J K Musa Khaled J Shaikh Jahangir Hossain…………………………………..………..Appellant Vs. Government of Bangla­desh and others................Respondents Judgment November 12, 2001. Result: The suit for s......plot No.18, and deposited 25% of his quoted price in favour of the defendant and both of his tenders were found to be the highest, that in such circumstances the decision to cancel the tender was not proper only the ground that realistic price for the plots was not offered and the decision to transf..

Category: Civil Law | Date: | Hits: 82

Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)

....Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Ali Asgar Khan J Md. Shamsul Huda J Nazrul Islam……………………………Petitioner Vs. State and others......................... Opposite Parties Judgment May 9, 2002. Result: The...... it may satisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner or such other or further order or orders passed as to this court may seem fit and proper. 2. The petitioner, who is the cousin of the detenu, has stated in the application that th..

Category: Criminal Law | Date: | Hits: 69

Chief Engineer, the Local Government and Engineering Department Vs. Md. Parvez Nawaz Khan and others, 2011, 40 CLC (AD)

....resent: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Shere-E-Bangla Nagar, Dhaka………………….......s. Therefore, the submissions made by the learned Advocate for the leave petitioner fall through. The findings arrived at and the deci­sions made by the High Court Division having been made on proper appreciation of laws and facts do not call for interfer­ence. Accordingly, all the leave ..

Category: Employment/Service Law | Date: | Hits: 66

Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)

....the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......dants the petitioner cannot be made to suffer for facing a new trial after the suit has been disposed of on merit. If the appellate Court finds that additional evidence is necessary for pronouncing a proper judgment or for any other substantial cause, it has ample power under Order 41 rule 27 of the..

Category: Property Law | Date: | Hits: 75

Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)

....wer Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......ce. 8. No one appears to oppose the Rule. 9. Mr. Halder has placed before me the impugned judgment of the learned Courts below. It appears that the learned Magistrate on detailed discussion and proper appreciation of the evidence on record found that the prosecution proved the guilt of the acc..

Category: Criminal Law | Date: | Hits: 73

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

.... 51 DLR (HCD) (1999) 268. ......would be masquerading in the society as gentlemen and crimes will go on proliferating making a sad commentary on the administration of criminal justice in the country for the failure of the police to properly record the First Information Report and investigate the case. 7. Learned Advocate appear..

Category: Criminal Law | Date: | Hits: 64

Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)

....9) 242.......unt. The petitioner is to adjust the amount which has been paid during the pendency of the case. If the OP fails to repay the petitioner will be at liberty to realise the entire amount by putting the property (schedule) in auction.” 2. The said order was upheld by this court in FMA No.169 of 19..

Category: Criminal Law | Date: | Hits: 73

State Vs. Sree Ranjit Kumar Prama­nik, 1990, 19 CLC (HCD)

.... 10, 1991. Result: The reference under section 364 of the Code of Criminal Procedure is rejected. Cases Referred To- Khashru alias Khorshed Vs. State, 35 DLR page 119; State Vs. Arman Ali and others, 42 DLR (AD) at page 50; Aijuddin Matbar Vs. Fagu Matbar, 31 DLR (AD) 101; Ali and others...... his behalf and the court accepted his offer. He took us through the FIR and other materials including evidence on record and also the judgment of the learned Sessions Judge and submitted that upon a proper scrutiny of the evidence which had transpired in the case, it ought to be held that there was..

Category: Property Law | Date: | Hits: 69

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

....ost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......In spite of that Zila Parishad started construction at Gilabari. It further appears that this Zila parishad took sanction from another ministry of the government and started construction which is not proper in view of the fact that Ministry of Local Government and Rural Development and Co‑operativ..

Category: Civil Law | Date: | Hits: 99

Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....n (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Akhtar Hossain………………………Petitioner Vs. Government of Bangladesh and others………………………Respondents Judgment December 9, 1991. Result: The ......hat this distribution of population in the said Gazette Notification dated 20.6.91 is in violation of rule 2(b) of the Declaration & Alteration of Limits of Union Rules, 1983 because there was no proper distribution of population. The petitioner has stated that as per rule 2(1)(b) of the aforesa..

Category: Election Law | Date: | Hits: 137

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Agrani Bank………………………Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition ......er passed by the Artha Rin Adalat, we are inclined to act under section 151 of the CPC Code and make that Rule absolute with a direction to the Adalat to return the plaint for presentation before the proper court. In the case of Islami Bank Bangladesh Limited Vs. Al-haj Md. Shafiuddin Howlader and a..

Category: Administrative Law | Date: | Hits: 200