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Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)

....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ...... word should be given wide construction……………………………….(8) Lawyers Involved: Khondker Mahbub Hossain, Advocate ‑ For the Petitioner Syed Abu Kowser, Assistant Attorney General ‑ For the State Criminal Miscellaneous Case No. 2779 of 1997. Judgment Mohammad G......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ..

Category: Criminal Law | Date: | Hits: 99

Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......ime as it thinks necessary for the public safety……………(8) Lawyers Involved: Nitai Roy Chowdhury with Begum Khaleda, Advocates ‑ For the Petitioner. Kaisar Ahmed, Deputy Attorney‑General ‑ For the Respondents. Writ Petition No.2514 of 1995. Judgment KM Hasan J.- This ......ces misused. The respondent No.2 District Magistrate, Pabna by his Memo No. Judi/10‑21‑93/830 (Fire Arms) dated 2‑8‑93 directed the petitioner to deposit the pistol and the gun to Pabna Sadar Police Station within 24 hours from the date of receipt of the said letter (Annexue‑A) on the grou...... Supreme Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Res..

Category: Criminal Law | Date: | Hits: 77

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ....... Agrani Bank, 1994 BLD (AD) 196 = 46 DLR (AD) 174; Pubali Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458; Bangladesh Jatiya Somabaya Bank Vs. Md. Obaidul Akbar, BCR 1982 (AD) 18; DP Goenka Vs. Governor-General of Pakistan, 7 DLR 134. Lawyers Involved: ASM Abdul Razzaque with Fahad Mahmood Khan, ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......n the meaning of the Act……….….(17) Case Referred to- Sultana Jute Mills Limited Vs. Agrani Bank, 1994 BLD (AD) 196 = 46 DLR (AD) 174; Pubali Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458; Bangladesh Jatiya Somabaya Bank Vs. Md. Obaidul Akbar, BCR 1982 (AD) 18; DP Goenka Vs. Governor-Gene..

Category: Civil Law | Date: | Hits: 106

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..

Category: Property Law | Date: | Hits: 139

Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

....ognizance of the offence under section 189 of the Penal Code against the petitioner on 7-2-2011 and directed the Officer-in-Charge of Jamalganj Police Station to get the offence investigated by a Sub-Inspector of Police. The petitioner was tracked down by the police on 7-2-2011 at about 7.50 PM and ......cutive Magistrate.……………………..(18) Interpretation of Statute Modern method adopted by the Courts is literal construction conditioned by what is called golden rule of construction. Generally all statutes are to be constructed according to the plain, literal and grammatical meaning...... There is no provision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detain­ing an accused in police custody at the Police Station prior to his trial. The Ain does not envisage taking cognizance of any scheduled offe...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..

Category: Criminal Law | Date: | Hits: 81

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......e suit property was originally belonged to Debendra Nath Dingi and his name was duly recorded; that during the partition of India, the schedule land was in the territory of the then East Pakistan now Bangladesh and he was obstructed to use the land; that at that time the father of the plaintiff and ..

Category: Procedural Law | Date: | Hits: 114

Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

....f any of the accused. He denied the suggestion put by the defence that as a matter of fact no arms were recovered from the accused and that he deposed falsely. 11. P.W.2 Md. Abdus Sattar Molla Sub-Inspector of police, the informant stated in his examination in chief that on 17.12.2000 he along wi......er, Advocate - For the appellant in Criminal Appeal No.2224 of 2002. Mohammad Ali, Advocate - For the appellant in Criminal Appeal No.2210 of 2002. Md. Abdul Jabbar Bhuiyan, Assistant Attorney-General - For the State Respondent in all the Criminal Appeals. Criminal Appeal No.2224 of 2002.......he police managed to catch hold of 2 (two) other passengers with arms in their possession. Thereafter they arrested the accused and S.I. Abdus Sattar lodged the First Information Report with Sabujbag Police Station by producing the accused. He identified accused Ujjal and Mamun in the dock. He furth...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..

Category: Criminal Law | Date: | Hits: 78

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......an Ch. Baroi BCR 1982 page 293; Bala Krishna Vs. The State of Orissa, 1971 AIR (SC) 804; Thulia Kali Vs. The State of Tamil Nadu, 1973 AIR (SC) 501 Lawyers Involved: Idris Khan, Deputy Attorney-General with Mir Shafiqul Islam, Assistant Attorney-General - For the State. Anisul Huq, Advocat......comes First Information Report when it fulfills some conditions:- (i) it should be an information relating to the commission of a cognizance offence; (ii) if given orally to an Officer-in-Charge of a Police Station, it should be reduced to writing; (iii) it should be read over to the informant; (iv)...... It is also in the evidence that deceased Boshor is a married person and his wife is alive. It is also in the evidence that, although there is contradiction, two full brothers of the deceaseds are in Bangladesh beside that the other brothers of the informant, although through stepmother No.1 and 2, ..

Category: Criminal Law | Date: | Hits: 89

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

....ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......Khan, Advocate - For the respondent No.4. Writ Petition No.3023 of 2010. Judgment Md. Delwar Hossain J.- Upon an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued on 04.5.2010 calling upon the respondents to show cause as to w..

Category: Election Law | Date: | Hits: 600

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... the accused persons also injured them. Hearing scream, neighbouring people came there, then the accused persons went away and the witnesses somehow appre­hended accused Enamul with lathi. 4. Sub-Inspector Abdus Samad, Poursha Police Station took up the investigation and after completion of inve......t, AIR 1953 (SC) 468; Shamer Bala Changule Vs. The State of Maharastra, AIR 1976 (SC) 557. Lawyers Involved: S. N. Goswami - For the Appellants.  Mrs. Umme Kulsum Begum, Deputy Attorney General with AHM Obaidul Kabir Assistant Attorney General and S. M. Shajahan Kabir, Assistant Attorn......fine of Taka 2500/- each in default to suffer rigorous imprisonment for 2 (two) years more. 2. Prosecution case, in brief, is that the informant Mozammel Haque lodged a written Ejahar with Poursha Police Station on 10.08.1993 to the effect that on 09.08.1993 at about 7/7-30 PM, he along with his ...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..

Category: Criminal Law | Date: | Hits: 84

M/s. ERRIA Shipping Pte Ltd. and another Vs. M/s. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......il appellate jurisdiction) Present: Md. Arayes Uddin J Md. Abu Tariq J M/s. ERRIA Shipping Pte Ltd. and another……………………………Appellants Vs. M/s. Lever Brothers (Bangladesh) Ltd……………………………Respondent Judgment February 11, 2009. Resu..

Category: Admiralty Law or Maritime Law | Date: | Hits: 486

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......n the pronouncement of the Appellate Division………………………(7) Lawyers Involved: M Monsur Ali, Advocates ‑ For Appellant Opposite Party. Mushfiqur Rahman, Assistant Attorney‑General ‑ For the State. Criminal Revision No.572 (suo‑motu) of 1996. Judgment Kazi Eba......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..

Category: Criminal Law | Date: | Hits: 87

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

....(f) of the Arms Act and sentencing him to suffer rigorous imprisonment for 7(seven) years with a direction that both the sentences will run concurrently. 2. The prosecution case, in short, is that Inspector Sheikh Abdul Mannan lodged an FIR on 13-7-2001 alleging, inter alia, that he on the streng......irector of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shihab Uddin Mahmud, Advocates — For the Appellant. Umme Kulsum Begum, Deputy Attorney-General with SM Shahjahan Kabir, Assistant Attorney-General — For the State. Criminal Appeal No......rected against the judgment and order dated 24-7- 2005 passed by the learned Special Tribunal, Lakshmipur in Special Tribunal Case No. 40 of 2001 arising out of GR Case No. 522 of 2001 and Lakshmipur Police Station Case No. 33 dated 13-7-2001 under section 19A and 19(f) of the Ann’s Act convicting...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..

Category: Criminal Law | Date: | Hits: 92

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ......ory power........................................(15) Lawyers Involved: Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petitioner. Kazi Waliul Islam, Deputy Attorney General with Md. Rezaul Islam, Assistant Attorney General — For the Respondents. Writ Petition ......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ......003 to December, 2004 as per VAT accounts. But the petitioner received Taka 144, 31, 55,331 during the period on the basis of two bank accounts maintained with the Bank of Small Industry and Commerce Bangladesh Limited, Main Branch at Dhaka. On consideration of said transfers, said respondent was of..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......esur Rahman Vs. Bangladesh, 26 DLR (SC) 44. Lawyers Involved: Dr. Kamal Hossain with HS Deb Brahman and Tanjib-ul-Alam, Advocates‑ For the Petitioners. AJ Mohammad Ali, Additional Attorney-General with Naima Haider, Deputy Attorney-General and MA Azim Khair, Deputy Attorney-General and Md......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......pecial Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Engineer Mahmudul Islam and others..............Petitioners Vs. Government of the People's Republic of Bangladesh and others...........Respondents Judgment November 26, 2002. Result: The Rule..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......ing co. Vs. Irving, 1905 AC 369 PC; M/s. Hossein Kasam Dada (India) Ltd. Vs. State of Madhya Pradesh, AIR 1953 SC 221; Garikapati Vs. N Subbiah Choudhury, AIR 1957 SC 540; State of Bombay Vs. Supreme General Film Exchange, AIR 1960 SC 980; Essential Industries Vs. Central Board of Revenue, (1969) 21......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......or the respondent No.2. Writ Petition No.5979 of 2005. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon to show cause as to why the impugned Order No.65 dated 02.07.2005 passed by ..

Category: Civil Law | Date: | Hits: 136

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

....s imprisonment for 7(seven) years and also to pay a fine of Tk. 2,000/- in default, to suffer rigorous imprisonment for (four) months more. 2. The prosecution case, in short, is that informant Sub-Inspector of Police was on patrol duty on 9.01.1996 and while the police at about 1.45 A.M reached a......lied upon without calling the concerned Magistrate as witness........................(10) Lawyers Involved: Md. Harun-Or-Rashid, Advocate - For the appellants. Golam Kibria, Deputy Attorney-General with Md. Atiqul Karim, Assistant Attorney-General -For the respondent. Criminal Appeal No......t for 7(seven) years and also to pay a fine of Tk. 2,000/- in default, to suffer rigorous imprisonment for (four) months more. 2. The prosecution case, in short, is that informant Sub-Inspector of Police was on patrol duty on 9.01.1996 and while the police at about 1.45 A.M reached at Bheudibi br...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..

Category: Criminal Law | Date: | Hits: 86

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......d in: 13 MLR (HCD) (2008) 405. ..

Category: Employment/Service Law | Date: | Hits: 166

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......ourt and the trial Court discussed the evidence on record and after proper assessment of the evidence on record came to correct justified finding which do not call for any interference by this Court. Generally the Judgment of affirmance is immune to be assailed unless it is manifestly perverse. The ...... and for her security and protection and to avoid future litigations the plaintiff filed two separate G.D. entry being No.1059 dated 15.6.98 and 1188 dated 17.6.98 respectively in the local Sabujbagh Police Station against the defendants and finally the plaintiff found no other alternative to take s......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..

Category: Civil Law | Date: | Hits: 94