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Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)

....refrained to make any comment in respect of the merit of the case. 14. Having regard to the facts, the submissions advanced by the learned Counsel for the petitioner prevails and appears to have a good deal of force. On the contrary we failed to discover any merit in the submissions advanced by t......condly, the Police after investigation found prima facie case under section 323 of the Penal Code against the accused but the learned Judge of the Tribunal failed to weight and shift the materials on record and evidently fell in an error in coming to his ultimate decision occasioning failure of just...... Office is directed to send down the record of the case at once with a copy of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..

Category: Criminal Law | Date: | Hits: 177

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......07-2010 the doctor of the Forensic Medicine Department, Dhaka Medical College, Dhaka opines that the age of the victim Mosammat Rokeya Dil Afroz Munmun is about sixteen years. 8. On perusal of the record, it appears that an was filed on behalf of the victim before the Nari Shishu Nirjatan Daman T......ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..

Category: Criminal Law | Date: | Hits: 176

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....ant case. Because on that case the defendant of a Artha Rin suit, filed an application under section 12(2) and 57 of the Ain, 2003 praying for direction upon the plaintiff bank for sale of the pledge goods and to adjust the claim amount with the sale proceeds of the pledge goods and fix the actual c...... case. Besides, both the parties produced some relevant papers and documents which were duly marked as exhibits in the Artha Rin suit. 6. The Artha Rin Adalat upon consideration of the evidence on record passed the impugned order dated 25.7.2004 and thereby decreed the suit against the defendants......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 254

Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)

....ow on the body of Aslam and that other accused also dealt injury to Aslam and other witnesses who came to the place of occurrence were injured by the accused and the accused also looted away valuable goods from the house. 3. On receipt of the FIR, the investigating officer SI Md. Masudur Rahman v......es of Criminal Jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of fact and circumstances of the case, inherent infirmities, disturbing and strikin......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..

Category: Criminal Law | Date: | Hits: 153

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....curities and Exchange Commission Act, 1993. According to the decision of 288th Commissioner meeting held on June 26, 2008, the draft proposal was published in two dailies. The Commissioner received a good number of opinions both in favour and against the draft amendments, on which threadbare discuss......at it advised AIMS first Guaranteed Mutual Fund to act as per its prospectus. He lastly submits that SEC in bringing the impugned amendment has followed due process of law. 13. We have perused the record in extenso. 14. Mutual Fund has been defined in Rule 2 (Ta) of the Securities and Exchange......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..

Category: Business or Commercial Law | Date: | Hits: 462

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......rmation of his title and possession in the suit land. 3. The case of the plaintiff in short is that the suit land originally belonged, to Sharat Chandra and Tara Nath Chakraborty, whose names were recorded in C.S. Khatian and Sarat Chandra died leaving behind two sons Haridas and Krishna Kanto an......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..

Category: Property Law | Date: | Hits: 155

Ranjit Vs. Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others, 2007, 36 CLC (HCD)

....cted to pay the salary and other benefit to the petitioner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. .......12.1984 and accordingly she joined in the service, which has been confirmed on 01.12.1984. The petitioner had been discharging her duties with all sincerity, honesty and due diligence. As per office record, the date of birth of the petitioner is 01.01.1949. During the course of her service she was ......cts necessary for disposal of the Rule in short are that the petitioner was appointed to the pot of "Sweepress" under the respondent-Mill with effect from 01.12.1984 and accordingly she joined in the service, which has been confirmed on 01.12.1984. The petitioner had been discharging her duties with..

Category: Criminal Law | Date: | Hits: 143

A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)

....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. .......R case No.457 of 2007 under section 15(1)(3) Special Powers Act, 1974 should not be set aside or to pass such order or orders as this Court may deem fit and proper. 2. The matter being urgent, LC record was not called for. Service of notice on Sole State opposite party was dispensed with and the......manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ..

Category: Procedural Law | Date: | Hits: 194

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....3½ miles from the place of killing as shown by the accused persons. He also stated that the accused persons were apprehended and firstly taken to the shop of Jahangir. The accused persons were given good lesson by the local people. He denied the suggestion that the accused persons confessed their g......an First Information Report (FIR) is to give information of a cognizable offence to the police and to set the law in motion. So even if the GD is treated as the FIR, and the formal FIR as a statement recorded under section 161 of the Code, 1898, that does not in any way affect the credibility of the......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 170

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....others……………………………Respondents Judgment October 11, 2010. Result: The Rule is made absolute. The Customs Act, 1969 (Act No. IV of 1969); Section 81 Where any goods are allowed to clear or released on the basis of provisional assessment the amount of duty act......roup-2/2001 for the purpose of assessment of the goods on the basis of CRF. Suddenly the respondents raised an objection about the basis of issuance of the CRF certificate by bringing a reference of "recorded value". However, the note sheet failed to give any specific reference to the "recorded valu......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....rial Court. And in the new Court under a new and peculiar number it was decreed on compromise on 28-11-1999 allegedly beyond knowledge of the Government the principal defen­dant in the suit. We have good reasons to believe that this episode was staged surreptitiously keeping both the Government and......d in Mouza Sahar Dhaka (latter­ly Mouza Ramna). The land appertaining to the suit khatian originally belonged to one Gobinda Chanra Basak, shortly, "GC Basak". His name was initially shown in the CS record as মধ্যসত্বাধিকারী out of mistake. Later by a correction case N......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..

Category: Property Law | Date: | Hits: 149

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....type of Bond as security, the security so filed can be accepted if it is filed as per law provided under section 33 of the Act. 44. Question also be whether such type of security can be said to be good enough. It is our con­sidered view that when a Government functionary is involved then the sec......suffers from many illegalities, the delay can be condoned. On the question of furnishing security submitted as claimed by the opposite party, the learned judge observed that he find security with the record, as such, since security has been filed, all the require­ments of law having been complied w......cation for extension of period of time limit can be enter­tained after the period prescribed as, learned Advocate submits, Article 158 of Limitation Act prescribe 30 days limitation from the date of service of the notice or filing of the award in Court. In 8 LG (AD) 75 in paragraph 17 it is held..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......arty by taking nec­essary evidence as contemplated under Order XXI Rule 58 of the Code of Civil Procedure. He submits that it is evident from the impugned Judgment that neither any oral evidence was recorded nor any doc­uments were admitted in evidence to lay foundation of his decision. So, the le......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..

Category: Civil Law | Date: | Hits: 161

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......e fact that in parsing an order under the Second proviso to sub-section (4) of section 145 Cr.P.C it was incumbent upon the Magistrate to come to a finding, upon an application of mind on material on record that imminent order of attachment need be parsed, even, be­fore hearing the parties as to su......osite party. The matter was heard by a Single Bench of this Court. It was held that the Magistrate was competent to draw up proceeding under section 145 Cr.P.C. but he cannot on the same date without service of notice upon the second party pass an ex parte order of attachment. The said Bench found f..

Category: Criminal Law | Date: | Hits: 88

Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)

....ng capital and stock in trade and other assets of the suit firm styled as M/S. Arzu Furniture Mart. Plaintiff also prayed for appointment of an Advocate com­missioner for making any inventory of the goods in stock in trade on holding accounts of the firm By order dated 23.1.81, plaintiff's prayers ......ies to adduce any evidence and has passed the impu­gned order simply on the allegation of the respondent No.2. The learned Subordinate Judge has committed an error of law apparent on the face of the record and an interfere­nce by this Court is called for. 5. Mr. Syed Badrul Alam, the learned Ad....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..

Category: Procedural Law | Date: | Hits: 146

Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)

....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......phs that the case had indeed a chequered career with an unfortunate touch. The petitioner was accused of misappropria­tion of a sum of Tk. 838.35 paisa and upon that allegation he was suspended from service on 12.6.68 and the First Information Report was lodged on 18.2.71. There is no explanation a..

Category: Criminal Law | Date: | Hits: 62

Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)

....titled to 6 months' notice. The plaintiff opposite party could have asked the defendant petitioner to vacate the suit premises on the 31st Magh, 1382 B.S. and if she had done so, it would have been a good compliance with the requirements of sec. 106 of the Transfer of Property Act. But she has given......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..

Category: Property Law | Date: | Hits: 73

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....on on its face discloses the offence of cheating. In paragraphs 3 and 4 of the complaint petition the opposite party alleged that the accused petitioner fraudulently induced the complainant to supply goods by issuing post-dated cheques giving false pro­mises and assurance to the complainant that th......n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....n." 10. Mr. A. P. M. Hasan Arif, the learned Deputy Attorney-General is candid enough to concede that the majority view taken in the case of Liver Siege Vs. Anderson, 1942 A.C. 206 no longer holds good and that the Court has got powers to examine the reasonableness of the authority's satisfaction......e was arrested on 22.10.84 by the police under section 54 Cr.P.C. while he along with his associates were moving suspiciously at the dead of night under Chandgaon Police Station. Considering his past record and his present constant threat to the peace and tranquility of the people of the locality an...... of Bakulia, P.S. Chandgaon, District Chittagong be detained in Chittagong Jail under sub-section (2) of section 3 of the Special Powers Act, 1974 for a period of 30 days with effect from the date of service of this order. Sd/- Md. Omar Farooq, District Magistrate, Chittagong." After the deten..

Category: Criminal Law | Date: | Hits: 78

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

.... and that Shahera never complained against the accused and that he did not notice any injury on the dead body. He further stated that he presumed that the deceased hanged herself and the accused is a good man. 14. P.W. 5 Md. Jahangir Bepari stated that on 27- 7-2005 at 7-00 AM he went to the hous...... evidence. However, the defiance case, as it transpired from the trend of cross examination of the prosecution witnesses, is that of innocence. The learned Sessions Judge, on the basis of evidence on record, found the accused guilty under section 302 of the Penal Code and convicted and sentenced him......the absence of any proof beyond reasonable doubt that he was present in the occurrence house when the occurrence took place. It is all the more difficult for the prosecution to press section 106 into service when the petitioner was also prosecuted for the murder of his baby daughter at the same time..

Category: Criminal Law | Date: | Hits: 91