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State Vs. Rois Khan and another, 2009, 38 CLC (HCD)

.... it is in the evidence that, the suit cases and traveling bags in which heroin were kept were under the cots or 'khats' of room No.906 which was allotted to the principal accused, Ibrahim who by this time, died. Learned Advocate further submits that, it is settled by the Hon'ble Supreme Court of Ban......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ..

Category: Criminal Law | Date: | Hits: 112

Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)

....f two registered kabala deeds dated 13-1-87 and 1-4-87 as Exhibit Nos.3 and 3(Ka). He further adds that the SA record is not a conclusive evidence which is mere a record of physical possession at the time when it is prepared. 9. Mr. Humayun Kabir, also points out that both the Courts below gave i...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ..

Category: Property Law | Date: | Hits: 100

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....o cheques i.e. Tk. 9,59,400 in favour of the collecting bank. The said branch of the plaintiff again communi-cated with its client, Dhaka WASA, to confirm whether such cheques were issued by it. This time also the reply was in the negative. The two cheques bearing apparent endorsement of the custome......t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ..

Category: Business or Commercial Law | Date: | Hits: 548

Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)

....2005 and 27-2-2005 which were received by the accused petitioner on 4-3-2005 and 6-3-2005 respectively. It is not alleged by the complainant that the accused petitioner did not receive notices in due time rather the accused petitioner admits such receipt of notices. Moreover the case of the complain......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ..

Category: Criminal Law | Date: | Hits: 84

Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)

....ons. 2. Facts relevant for the purpose of the present Rule are that, the petitioners have been doing their business of processing and exporting shrimp of foreign buyers since 1982 and in course of time it turned into a leading shrimp exporter of Bangladesh earning substantial foreign currency. Ea......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..

Category: Civil Law | Date: | Hits: 140

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....d or any one else. It was her self-acquired property as such stridhana. The claim that the land was stridhana is testified by the fact that RS record was prepared in the name of Kumudini during life­time of her husband Lalit Kumar Shill. Subse­quently SA record was also prepared in her name. Anoth...... of 1990 seeking to dispose of 0.16 acre land at Tk. 50,000 to be executed for legal necessity and other two are not. True it is that the case of the appellant as is pleaded cannot be measured on the scale of legal necessity. It cannot still be denied that the defendant No.2 is a poor widow left wit..

Category: Property Law | Date: | Hits: 107

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....ble to him. He further submitted that under master and servant rule, the servant serves under the master at his pleasure and the master has every authority to dismiss and terminate the servant at any time without showing any cause. Mr. Khadem has next submitted that the suit is not maintainable unde......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..

Category: Civil Law | Date: | Hits: 144

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....amiruddin Vs. Moksed Ali, 49 DLR (AD) 14, cited by Mr. MohammadAli receiver was appointed by the High Court Division basically on the ground that earlier the suit land was under a receiver for a long time. On appeal the Appellate Division held: "The applicant for appointment of receiver of any pr......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......ee and those figures ultimately went for preparing bills. It is alleged by the petitioner that on the date of occurrence there was a rush of people in the weighment room. In the midst of noise in the scale room the petitioner had to record the weighment of all the carts in a rough paper. The purpose..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....who are junior to him to the post of Assistant General Manager excluding him though he had excellent performance for the last 8 years as per the ACR and he was recommended for promotion at least four times in the ACR by his superior officers. His further grievance is that he successfully completed s......g 100% vacancies in the post of Assistant General Manager by promotion from the post of Senior Principal Officer (SPO). Sub-Regulation No.4 of Regulation provides: “promotion to the posts in the scale of pay of Taka 3700-4825 and above shall be on merit-cum-seniority basis.” By letter date..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

....t is definitely entitled to be satisfied about a candidate possessing a clean record, his loyalty to the country, personal integrity and discipline and may make necessary verification but at the same time should always be careful not to violate one’s fundamental right. We have already observed tha...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....n 2.6.1998 the informant was informed by his nephew Mominul Islam Mamun that some boys of Uttar Kazla kidnapped Rony from the Kazla road but it is apparent from the averment of the F.I.R. that at the time of lodging the F.I.R. at about 11-45 P.M. on that date the informant having heard of the occurr......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..

Category: Criminal Law | Date: | Hits: 98

Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)

....possession of accused petitioner Ali Hossain. After the informant lodged the F.I.R. G.R. Case No.763 of 1979 was star­ted. The Police submitted charge sheet against the accused persons. 3. At the time of trial all the accused persons stood charged under section 379 of the Penal Code. Accused Ali......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ..

Category: Procedural Law | Date: | Hits: 130

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

.... revisional powers. In Biswas's Encyclopaedic Law Dictionary, the word "deemed" has been given the fol­lowing legal meaning:-"Deem." The word "deemed" is used a great deal in modern legislation. Sometimes, it is used to impose for the purposes of a statute an artificial construction of a word or ph......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..

Category: Procedural Law | Date: | Hits: 116

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

.... took up a scheme for rehabilitation and assistance of the freedom fighters who were injured in the war of liberation by payment of state honorarium. The petitioners applied to the Trust at different times in between 1997-1998 for enlistment as disable freedom fighters. The authority after proper sc......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 237

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

...., so far as it relates to the condemned prisoners Rokeya, Shahidul and Kamal, is not sustainable in law. Mr. Sircar, lastly, entreats that the condemned prisoner Rokeya was aged about 18 years at the time of the alleged occurrence and the condemned prisoners Rokeya, Shahidul and Kamal have been in t......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....victim) wife P.W.3 Fatema Khatun, and sister Jyostna came there and then accused Delu assaulted his mother with kata, accused Darog Ali, Anwarulla and Shafiullah also assaulted his mother. In the meantime many persons came there. Then the accused took shelter in the house of Mojibul Hoque. They were......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....ment cost or on the point of estoppel, waiver and acquiescence and hardly any evidence was led to substantiate the same, there is no scope for the petitioner to agitate these new points for the first time before this Court exercising revisional power. 8. I have gone through the impugned judgments......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..

Category: Property Law | Date: | Hits: 91

AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

....he plaint to his grandsons and son's wife at a consideration of Taka 2500 and according­ly executed a sale deed on 8-5-1971 and delivered the said land to the plaintiffs on 15-8-1996 and that at the time of taking accounts of lands in between the plaintiff No.1 and defendant No.1, it was dis­close......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..

Category: Procedural Law | Date: | Hits: 110

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

.... provides a limi­tation of three years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu. At the same time it should be remembered that the respondents had themselves approached the High Court in the ex......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..

Category: Trust/Waqf Law | Date: | Hits: 134