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Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....- This Criminal appeal under section 426 of the Code of Criminal Procedure at the instance of the appellant Azizul Hossain Mondal is directed against the Judgment and order of conviction and sentence dated 19.02.1996 passed by the learned Sessions Judge, Bogra in sesÂsions case No.70 of 1994 in con......e set at liberty forthÂwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......ight and the clearness of his own proof……………………………………(26) Burden of proving alibi Burden of proving alibi or any other plea specifically set up by an accused husband for absolving him of crimiÂnal liability lies on him. But this burden is somewhat lighter than that..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....ppeared - 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 Tribunal No.2, Gazipur, in Acid Aparadh ......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. ......6(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 rigorous imprisonment for 10(ten) years and also to pay fine of Tk.10,000/- in default, to suffer simple imprisonment for ..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....il Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12‑85 passed by the Munsif, First Court, Tangail in Other Class Suit No.117 of 1985 or ......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. ......s issued in pursuance of the application under section 115(1) of the Code of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12‑85 p..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
.... First Miscellaneous Appeal No.4 of 1983 (Jessore). Judgment Md. Ansar Ali J.- This Miscellaneous Appeal at the instance of the defendant‑appellant is directed against the Judgment and order dated 23‑3‑83 passed by the learned Subordinate Judge, Narail in Title Appeal No.230 of 1980 rev......t a certificate proceeding being No.201‑A/69‑70 against the dead persons showing them as certificate debtors and without impleading the plaintiff as a party therein. The defendants suppressed the notices and the processes of the certificate proceeding and auction purchased the suit‑land withou......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 impugned Judgmen..Category: Property Law | Date: | Hits: 113
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
.... be convicted under sub‑section (2) of section 25B of the Special Powers Act, 1974. It appears that the appellant Shamsul Haque was not granted bail and his prayer for bail was refused by the order dated 3‑3‑93. The learned Advocate for the appellants has submitted that the appellant No.1 had ......sarees were recovered from appellant No.2 and, as such, arrest of convict‑appellant No.2 Nazrul Islam was not proper and legal. 4. Perused the Judgment and the evidence on record. I have already noticed that only fourwitnesses were examined in this case. There is no denial that the sarees were ......ns Judge and Special Tribunal Judge, Sherpur in Special Tribunal Case No.12 of 1992 convicting the appellant under section 25B of the 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 Subâ€..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....the Arbitration Act, 2001. 3. The application for vacating the aforesaid order of direction has been filed by respondent No.6 stating, inter alia, that resÂpondent No.6 entered in to an agreement dated 11-6-2008 with respondent No.2 for purchase of the goods described in the schedule of the subs...... Revenue granting permission to respondent No.1 for purchase of the Goods in question. 8.Elaborating his submission, Mr. Huq contends that respondent No.6 is a bonafide purchaser for value without notice as he had no prior knowledge of the earlier agreement that was executed by respondent Nos.1 a......with Shah Monjurul Hoque and Kazi Akhtar Hossain, Advocates - For the Respondents-Applicant. Arbitration Case No.3 of 2009. Judgment Zubayer Rahman Chowdhury J.- This is an application for vacating the order passed by this Court on 28-10-2009 directing respondent Nos.1 and 2 not to di..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... Thereafter a pre-shipment inspection was held which certified the quantity condition and loading of the cargo on board the defendant vessel 'MV Vladivostok Senator' V-747. A Bill of Lading No.1A1657 dated 14-11-1997 was issued in favour of the plaintiff at the port of loading Baltimore USA for the ......l which sailed on 14-11-1997 and reached the port of Singapore and transshipped the cargo into the feeder vessel 'MV Padma', flying the Panamanian flag, which reached Chittagong Port on 7-1-1997. The notice of readiness to deliver the Cargo by the vessel was issued on the same date while the vessel ......d of by this judgment. 2. It has been asserted in the plaint that the plaintiff is a Bangladesh national residing permanently at House 11, Road 14, Dhanmondi Residential Area, Dhaka. While staying for 12 years in USA he came back to Bangladesh at the end of 1997 and in order to bring all his hous..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
.... Section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proÂceedings of the G.R Case No.60 of 2010 arising out of Paltan Police Station Case No.60 dated 28.01.2010 under Sections 420/406/506 of the Penal Code, now pending in the Metropolitan Magis......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. ......hury with Abdel Mannan Bhuiyan with Md. Jiaur Rahman Sali, Advocates-For the petitioner. Md. Mamunor Rashid, Assistant Attorney General-For the state. Moinuddin, Advocate-For the Informant. Criminal Miscellaneous Case No. 24031 of 2010. Judgment A..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....ce of the defendant petitioners was issued calling upon the opposite parties to show cause as to why the Title Appeal No. 26 of 1986 shall not be dismissed after setting aside the judgment and decree dated 01.04.1997 passed by the learned Subordinate Judge, 1st Court, Gazipur in Title Appeal No.26 o......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. .................................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 prove his cause of aucti..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....plication, under Article 102(2)(ii) of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari C......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. ......e petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of this Rule is as follows:- 3. The Respondent No.2 & 3 borrowed ..Category: Civil Law | Date: | Hits: 186
....ppellants.
None appears - For the Defendant-Respondents.
First Appeal No.184 of 2006.
Judgment
Muhammad Abdul Hafiz J.- This appeal is directed against the judgment and decree dated 23.4.2006 passed by the learned Joint District Judge and Artha Rin Adalat, Narayangonj in Titl......2189 dated 10.6.1999 the plainÂtiff Nos.2-6 got the suit land as the sons of Amina Begum. Defendant No.1 Narayanganj Pourashava demanded the suit land as their property and on 4.8.2002 they served a notice upon the plaintiffs in this regard and asked them to vacate the suit land. The plaintiffs sea......udgment and decree dated 23.4.2006 passed by the learned Joint District Judge and Artha Rin Adalat, Narayangonj in Title Suit No.69 of 2006.
2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land.
3. The plaint case, in short, is that Sabdi and Hisabd..
Category: Property Law | Date: | Hits: 105
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....trate who ordered for remanding her to custody. The petitioner was shown arrested in connection with this case on 9‑11‑96 and was again taken on remand in connection with the present case on that date. The petitioner was then produced before the learned Chief Metropolitan Magistrate, on 12‑11â......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. .......- This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause why pending disposal of GR Case No.2923 of 1996 arising out of Dhanmondi P.S. Case No.10(10)96 which is now pending before the learned Sessions Judge, Dhaka as Sessions Case No.319 of 1997 accused‑petitioner Mrs. Job..Category: Criminal Law | Date: | Hits: 82
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....das Ali— For the Respondents. Second Appeal No.457 of 1964. Judgment Abdul Matin Khan Chowdhury J.- This appeal at the instance of the plaintiff is directed against the judgment and decree dated 4th December, 1962 passed by the learned Additional District Judge, Khulna in Title Appeal 208......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. ......ndanagouda Neelangouda 29 DLR page 239; 28 DLR page 421; Fakhruddin Mia and another Vs. Mohammad Khodabaksh Shaikh. Lawyers Involved: M. Latifur Rahman—For the Appellant. A. K. Badrul Hug for Syed Mokaddas Ali— For the Respondents. Second Appeal No.457 of 1964. Judgment Abdul ..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
.... out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Accountant, Works Programme to the post of Assist......on 12.08.1968. He was suddenly transferred to the office of the District Board as Assistant Accountant by the order dated 09.11.1973. The post of AsÂsistant Accountant is a lower post. No show cause notice was served on him before changing his status. This order is illegal and against the principle......oards, under the Works Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Acc..Category: Employment/Service Law | Date: | Hits: 120
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
.... of the death sentence imposed upon the conÂdemned-accused Golam Sarwar Hossain Moilah under section 11 (ka) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 vide his judgment and order of convicÂtion dated 29.09.2005 passed in Druta Bichar Tribunal Case No.09 of 2005 corÂresponding to G.R. Case No.......e trial court is hereby upheld and 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: 16 MLR (HCD) (2011) 440. ...... the State Defence. Death Reference No.159 of 2005. Judgment Bhabani Prasad Singha J.- This Death Reference has been made by the learned Judge, Druta Bichar Tribunal No.3, Dhaka for confirmation of the death sentence imposed upon the conÂdemned-accused Golam Sarwar Hossain Moi..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....y Nos.3-7. Civil Revision No.3909 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 28.6.2010 passed by the learned Additional District Judge, 3rd Court, Chittagong in Miscellane......0. In the instant case no power has been given to the plaintiff to institute any suit against the defendant No.1 or against the principal. The Courts below have deliberÂately failed to take judicial notice of the term of the Power of Attorney and the authority of the plaintiff, to institute a suit ......suance of the Rule directed the parties to maintain status quo in respect of position, possesÂsion, nature and character of the propÂerty in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 as plaintiff has instituted Other Suit No...Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
.... Not represented-For the respondents. First Appeal No.59 of 1990. Judgment Mashuque Hossain Ahmed J. - This first appeal is preferred by the defendants against the judgment and decree dated 4.11.1989 passed by the learned Subordinate Judge, 2nd Commercial Court, Chittagong in Money S......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. ........Appellants Vs. Bangladesh and another………………………………..Respondents Judgment July 15, 2009. Result: The appeal is allowed. Lawyers Involved: Md. Ohiullah for M. Hafizullah, Advocate-For the appellants. Not represented-For the respondents...Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....plication by the convict petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling upon the Deputy Commissioner, Kushtia to show cause as to why the judgment and order dated 25-06-2007 passed by Special Tribunal No.5, Kushtia convicting the petiÂtioner under section ......ishÂment prescribed for the offence under section 25B (II) of the Special Powers Act is 7 years imprisonment with fine minimum punishÂment being one years imprisonment with fine. It has come to our notice through the evidence of the witnesses that he is a van and rickshow pular type of person wher......nt 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 more in..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....ers and cargo between Dhaka and Hong Kong, the petitioner, being in control of both the Airlines, decided to appoint a single GSA in Bangladesh to handle the operation of both the Airlines. By letter dated 16.10.2006, the petitioner invited Request for Proposal (RFP) from prospecÂtive Travel Agents...... amount which was due to them. However, despite such requests and reminders, the company failed to make any payment to the petitioner in respect of the outstanding dues. 9. The petitioner served a notice upon the company under section 242 (1) (i) of the Act demanding payment of Tk. 9, 80, 92,898.......nbsp; Company Matter No.43 of 2007. Judgment Zubayer Rahman Chowdhury J.- This is an application under section 241 read with section 242 and 245 of the Companies Act, 1994 (briefly, the Act) for winding up of respondent No.1 Vantage International Limited. 2. The petitioner Cathay Pacific..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....rther taken his 2nd bunch of gourd and argues that the instant suit is hopelessly barred by the law of limitation since the plaintiff failed to institute the suit within 2(two) years from the alleged date of cause of action and contends that for these two reason as the suit is barred by law, the sam......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. ......M Abdur Rahman J.- By this application/ preferred under the provision of Order 7 Rule 11 read with section 151 of Code of Civil Procedure, 1908, the defenÂdant Niko Resources (Bangladesh) Ltd. prays for rejection of the plaint on the facts and circumstances stated therein. 2. So far the grounds ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
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