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Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....rt High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Atiqur Rahman @ Milon and others………………………Petitioners Vs. The State………………………….Opposite party Judgment July 26, 2009. Result: The Ru......ized goods and the articles were seized from his control and possession and if it is found that the seized goods are perishable and its value would be diminished if it is remained in custody for long time or the applicant will unnecessarily incur heavy loss if the seized goods are not released in fa......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
....Parties Judgment March 18, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such property is not liable to attachment. A......n rejected. We find substance in this Rule. 5. Accordingly, the Rule is made absolute without any order as to costs. The order of the Executing Court is set aside. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated and the Executing Court is directed to d...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....ble Instruments Act, 1881 (Act No. XXVI of 1881) The cause of action for filing of a case under section 138 of the Negotiable Instruments Act arises after expiry of the period of 15 days from the date of receipt of the notice sent under section 138 (b) of the said Act and consequent upon failure ......tial cum-commercial house at 69/D, Green Road, Police Station, Dhanmondi, Dhaka for running Theol Medical College and Hospital there. The accused petitioners subsequently left the building and at the time of leaving the building issued cheque No.1246765 dated 25‑1‑2001 for Taka 2,75,000/‑ whic...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....ow. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......those two cheques with complete honesty and diligence without any negligence. They had taken all necessary steps to bring the matter to the knowledge of the law enforcing authority without wastage of time. The bank followed provisions of the Negotiable Instruments Act, 1881 when it paid the money, c......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....preme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Farah Mahbub J Nadira Alam…………………………Petitioner Vs. State……………………………Opposite-Party Judgment March 11, 2010. Result: T......f the cheque unpaid by the drawee bank, (v) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of the receipt of notice. As per section 177 and 183 of the Code of Criminal Procedure if the a...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....d in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......e Special Powers Act, with the object of preÂventing commission of such "prejudicial act". Ground Nos.3,4, 5 and 7 are absolutely vague, inÂdefinite and lacking in necessary particulars as to date, time and manner of involvement of the detenu in the activities constituting the said grounds so as t......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....m & anor. ............Opposite Party Judgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Though at the time of insertion of section 339B the lawmakers were aware about the existence of section 537...... anor. ............Opposite Party Judgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Though at the time of insertion of section 339B the lawmakers were aware about the existence of section 537 Cr.P.C......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....008) 155. ......cret source that 5/6 armed terrorist assembled at Junaki road Ahmednagar Paikpara, Mirpur. On such information they reached there. Sensing presence of police the terrorist exploided two bombs. At the time of running away one accused named Md. Sayem Islam was caught with one dagger having 23" in leng......police personnel interested in the prosecution case.........................(23) Explosive substance must be tested by the chemical expert and seizure list witness must be testified regarding the recovery of alamats otherwise it will make the recovery of explosive substance doubtful…………â......ss Mahbub (P.W.4) disowned the prosecution case in respect of the recovery of explosive substance from the appellant. He adds that the prosecution failed to prove the charge and manner of recovery of arms from appellant beyond all reasonable doubt. 9. Mr. Sheikh Rezaul Karim, the learned Assistan..Category: Criminal Law | Date: | Hits: 103
....ases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......om a Chinese manufacturer as otherwise specifiÂcally identified in each such contracts remained, however, unable to ensure the carÂriage of the goods to Chittagong within the stipulated contractual time. It is stated that such inability was attributable primarily to civil commotion, strikes and la...... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
...... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....essary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......jection, cross‑ examination of P.W.1 and Exts.'I' and A submitting that in spite of the objection taken by the pre-emptee‑petitioners with regard to the defect of parties at the earliest point of time the preemptor opposite parties impleaded only 3 persons, although they were not necessary parti...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
....on
(Civil Revisional Jurisdiction)
Present:
Qazi Shafiuddin J
Gour Gopal Saha J
Abdul Halim Talukder alias Chand Mia Talukder…………………………Petitioner
Vs.
Md. Hazrat Ali Talukder and others…………………………Opposite Parties
Judgment
July 29, 199......t is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a full‑dressed protracted trial involving wastage of Court's time and unnecessary expenditure for the litigants.
7. Since law imposes a duty upon the Court un......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....d others…………………..Respondents Judgment November 20, 1997. Result: The Rule is made absolute. Lawyers Involved: Tariqul Hakim with K M Jabir and AKM Enayet Hossain, Advocates ‑ For Petitioner. Mahbub Ali, Assistant Attorney‑General ‑ For the Respondents. Wri......nnexure B not considering the petition of the detenu to release him from Noakhali Jail custody should not be declared to have been passed without lawful authority and of no legal effect. 2. At the time of issuance of the Rule this Court directed the Officer‑in‑Charge, Ramgati Police Station D...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....ourt High Court Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Mahmudur Rahman Nazlu……………………...Petitioner Vs. State and another………………………Opposite Party Judgment January 22, 2012. Result:......ourt of Joint Metropolitan Session Judge, 5th Court, Dhaka. The accused petitioner filed the said application in another bench and after hearing the same, was fixed on 12-7-2001 for order; in the meantime the constitution of that Bench had changed and the record of the Case was sent to the concerned......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....l at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ...... the evidence that he had slept in the house of his father-in-law. He also subÂmits that Zakaria Kabiraj is a renowned Kabiraj in the locality and he has been handling the said proÂfession from the time of his father and in dischargÂing his professional duty he used to meet with many people and i...... the accused guilty for committing murder of the deceased as the dead body was found on the following morning of the day. But between the last seen of the victim in the company of the accused and the recovery of the dead body on the following morning there appears no involvement of the accused with ......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
.... is also Reported in: 50 DLR (HCD) (1998) 629. ......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......W.2. It further appears that P.W.1 i.e., the informant was also the Investigation Officer. After considering the evidence on record, the Tribunal held that P.W.1, the informant, filed a false case of recovery of arms against the accused and P.W.2 out of grudge and in order to teach the accused a les......her appears that P.W.1 i.e., the informant was also the Investigation Officer. After considering the evidence on record, the Tribunal held that P.W.1, the informant, filed a false case of recovery of arms against the accused and P.W.2 out of grudge and in order to teach the accused a lesson with the..Category: Criminal Law | Date: | Hits: 72
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....other Vs. Abdul Barik and another, (1983) 35 DLR AD 162; M.A. Wahab and another Vs. Abul Kalam and another, (1992) 44 DLR AD 13. Lawyers Involved: Md. Faruque Ahammed with Md. Asaduzzaman, Advocate - For Petitioners. Md. Munsurul Hoque Chowdhury, A.J. Mohammad Ali and Ashoke Kumar Paul, Adv......ing Local Investigation and Survey on the property. Learned Advocate Commissioner on 28.5.2000 submitted Report. Sixteenth Defendant on executing Vokalatnama entered appearance in the Suit and sought time for laying an objection. Fifth Defendant, also, bestowed a petition seeking time for filing wri......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....t a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......vice tenure in the Drafting Wing and thus the Respondent No.5 enjoyed the benefit of earlier promotions and posting at Dhaka through his option for service in the Legislative Drafting Wing and at the time of his option he was aware that the highest post, as per Rules 1998, in the Legislative Draftin......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....t: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and another, (1992) 44 DLR (AD) 272; Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 28 DLR (AD) 190; Aminul Vs. James Finlay and C......e election of Collective Bargaining Agent (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the management to achieve the demand of the workers at that time. In Writ Petition No.8121 of 2005, respondent No.2 filed Complaint Case No.44 of 2000 in the......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: | Hits: 138
....……Opposite parties
Judgment
March 24, 2004.
Result:
The rule is discharged.
Lawyers Involved:
None appears - For the petitioners.
K.S. Zaman with A.K.M Salahuddin Khan, Advocates - For the opposite parties.
Civil Rule No.394 (Con) of 2002.
Judgment
Khademul Islam C......rs in Civil Revision calling upon the opposite parties to show cause as to why the delay of 679 days in filing the revision should not be condoned.
2. No one appeared in support of the rule at the time of hearing. Mr. K.S. Zaman, the learned advocate assisted by Mr. Salahuddin Khan, advocate appe...... no merit in this rule.
The application for condonation of delay for 679 days is rejected.
Accordingly the rule is discharged.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 425.
...... no merit in this rule.
The application for condonation of delay for 679 days is rejected.
Accordingly the rule is discharged.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 425.
..
Category: Limitation Law | Date: | Hits: 119
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....ecial Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Md. Abdur Rouf……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others…………………Respondents Judgment August 7, 2005. Result: The Ru......r were promoted to the next higher post from the junior executive grade on 3.5.1990 and 5.5.1990. The petitioner had all the requisite qualifications when the case of promotion was considered. At the time of promotion in 1990, the name of the petitioner was at serial No.5 in the gradation list of th......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..Category: Employment/Service Law | Date: | Hits: 144
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