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State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....he elbow of his right hand causing bleeding injuries. They also caused injuries to other inmate of the house and booted away golden ornaments, sarees and cashing Taka amounting to taka 7,000.00 and departed. Hearing hue and cry witnesses arrived at the scene of Occurrence. They saw and heard everyth......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....titution of the People's Republic of Bangladesh. 5. Before I embark upon the discussion of the Article I want to state, briefly, the object of punishing for contempt for scandalising Judges. In ex parte Whitmore it has been stated thus: "The law punishes the contemner out of no personal consid......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
.... J Shahidullah Kazi, Amjad Hossain.................Petitioner Vs. State, Abul Kasem...............Opposite Parties Judgment August 24, 1995. Result: The Rule is made absolute in part. Lawyers Involved: Not Represented ‑For the Petitioners. Osman Ghani, Advocate ‑ F......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ..Category: Criminal Law | Date: | Hits: 97
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....he Munsif, 3rd Court, Munshigonj allowing the pre‑emption Misc. Case 36 of 1980 under section 96 of the State Acquisition and Tenancy Act (which shall hereinafter be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ..Category: Property Law | Date: | Hits: 106
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....inal Appellate Jurisdiction) Present: Abu Sayeed Ahammed J Md. Awlad Ali J Shahjahan (Md.)……………………Condemned Prisoner Vs. State…………………………Opposite party Judgment March 2, 1999. Cases Referred to- State Vs. Balal Charan Sarker, 47 DLR ...... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...Category: Criminal Law | Date: | Hits: 130
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....t once and for all by his letter of repudiation dated 26-2-89, the plaintiffs suit filed on 2-10-89 is not maintainable having not been filed within 6(six) months from the date of repudiation. The parties examined four witnesses each in the case and also produced a good number of documents and ad......s barred under Article 8B of the Insurance Act. The defendant’s case, in short, is that, the public power supply failed on 29-11-88 due to cyclone and, as such, the defendant is not responsible for payment under DOS policy. The defendant’s further case is that the plaintiff willfully kept the st......g and exporting shrimps and prawns to the foreign countries. The freezing plant of the plaintiff runs by public power supply from Power Development Board (PDB). The plaintiff runs the business taking loan from Janata Bank and the stock of the plaintiff kept in the refrigeration room are insured with..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....e dead body was found severed and, according to the doctor, victim met with homicidal death. P.W.9 Abdul Kuddus Talukder is the maternal uncle of the victim. He is the only witness from the informant party who was not declared hostile by the prosecution. His evidence will be considered later on. P.W......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355...Category: Criminal Law | Date: | Hits: 129
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....5.02 before the Artha Rin Adalat, 1st Court, Chittagong impleading Capital Ship Breakers as defendant No.3. 2. The suit was contested by Capital Ship Breakers Ltd. and eventually it was decreed ex-parte on 26-6-05 with a direction upon the judgment debtor to pay the decreetal dues to the responde......ecomes a valid mortgage though there is no registered instrument. But this avenue is not open to those who want to take a loan on the basis of an agreement to secure the loan by mortgage but to avoid payment of revenue deposit title deed under a memorandum. In the present case title deeds were tak......hequered story to tell. The property involved in the suit being Other Class Suit No.3 of 2010 was mortgaged by Capital Ship Breakers Ltd. to Islami Bank (Bangladesh) Limited as co-lateral security of loan availed by M/s. MA Salam and Company; thereafter on 4-11-91 Capital Ship Breakers deposited t..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....and about a Salish which was fixed to be held on 13.8.85 at the house of his father-in-law over the payment of Tk. 2000/00. He stated that a Salish was held after dusk at the verandah of Seraj where apart from Seraj, Kanchan, Shahjahan and Barek others were present. He stated that Seraj owed Tk. 500......t the time of their marriage was not paid the condemned prisoner would not take her to his home; that on 13.8.85 the condemned prisoner came to the house of the informant in the evening and asked for payment of said money silting at the house of co-accused Serajuddin and held out the threat that unl......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
....he State. Criminal Revision Case No. 194 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and complainant opposite party No.1 Md. Zakaria to show cause why the proceedings in petition Case No.757 a1 of 1986 under se...... Section 463 of the Penal Code defines forgery including forgery of document which purports to give authority to any person to receive or deliver any money or purports to be a receipt acknowledging payment of money. So a forged bainapatra comes within the ambit of section 463 Cr.P.C. In the case o...... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433...Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....fendants (defendants No.1-3) to execute and register the deed of sale in respect of /12/- annas share of the suit firm in respect of the properties described in the schedule and/or reconstitute the partnership to the extent of that share in favour of the plaintiffs within the time to be fixed by t......Hasan Khan) and would reconstitute the said firm with defendant No.1 and his son Ehsanul Hasan Khan as partners and thereafter the plaintiffs would sell out their residential house of Gulshan to make payment of the balance of Tk.7,55,000/-(Taka seven lacs fifty five thousand) and the formal deed of ......nufacturing Company which was previously known as M/s. East Pakistan Aluminium and Iron Manufacturing Company. The defendant No.1 had personal acquaintance with plaintiff No.1 whom he gave personal loan of Tk.45,000/- on different occasions. The plaintiff No.1 returned this amount to defendant No...Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....e said school are paid out of the funds of respondent No.2. The Managing Committee of the school although is composed of different persons, but for all practical purposes the school is an inseparable part of the said Mill. The petitioner, being a workman of the said Mill, filed as application under ...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....g to the said statue. On investigation it was learnt that the accused petitioner and Mainul Hasan are members of a gang of smugglers of statues. They used to collect touchstone statues from different parts of the country and smuggle out the same abroad. As such, a case under section 25B of the Speci......owers Act. Section 25B (a) reads as follows: 25B. Penalty for smuggling.- Whoever in breach of any prohibition or restriction imposed by or under any law for the time being in force, or evading payment of customs duties or taxes leviable thereon under any law for the time being in force. (a......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..Category: Others | Date: | Hits: 159
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....Haque J.- This Rule is directed against the judgment and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1991 wherein the seamed Court has added 3rd party as defendant No.3 in the suit and passed order for amendment of plaint and correction of suit ......ts, deeds and things in performance of and/or in relation to performance of the aforesaid deed of agreement dated 6-3-80 as may be necessary or found to be convenient from time to time and to receive payments of sum of money due to their principles by way of balance consideration money or otherwise ......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
....other benefits. The said case is still pending before the Labour Court. During the pendency of the said case before the Labour Court, the respondents office issued the impugned order No.6/Estate/l80 (part)-4/488/1(10) dated 14-5-97(Annexure-C) asking the petitioner to vacate the quarter and deliver ......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
.... No.1. Civil Revision No.4349 of 2002. Judgment Syed Amirul Islam J.- This Rule arises out of an arbitration agreement entered into between the judgment-debtor and the decree-holder-opposite party No.1. The said agreement was executed on 22-6-1987 for laying cable at Mirpur Telephone Exchan......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
.... The post mortem report mentions the following injuries: 1) Hema toma on left parieto temporo frontal region of head measuring 4” x 3” in L x B; 2) Bruise wounds on anterior aspect of upper part of both legs placed vertically each measuring 3”x1”: 3) Chest wall depressed and deforme......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....e, Cox’s Bazar, allowing the appeal and reversing the judgment and decree dated 20-10-90 passed in Other Suit 50 of 1986 by the Subordinate Judge, Cox’s Bazar, dismissing the suit. 2. Opposite parties 1-9 instituted the suit for declaration that the order pussed by the Additional Deputy Commi......osite parties, submits that the lease was completed. Only for shortage of execution of the lease deed which is a mere formality as the plaintiff was given possession and the plaintiff made liable for payment of compensation by Exhibit.2 series it can not be said that the lease was not valid one. Mr.......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... the notice dated 24-10-87 (Annexure-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The sho......Acquisition Case No.41 of 1964-65 by notice dated 25-5-67 an area of 0.45 acre from the northern side of plot No.1009 was requisitioned for extension of the then Second Capital. After requisition and payment of compensation possession of the said 0.45 acre of land from northern side of plot No.1009 ...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
.... Chittagong, in Other Suit No.146 of 1996. 2. In an application under section 115(1) of the Code of Civil Procedure the petitioner stated, inter alia, that Partition Suit No.37 of 1991 between the parties was decreed on compromise in respect of the suit land against which Execution Case No.32 of ......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...Category: Procedural Law | Date: | Hits: 178
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