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Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)

....HCD) (2008) 41. ......milla in Title Suit No.31 of 1994 rejecting the prayer for making some persons as parties and keeping the subsequent petition under section 151 of the Code of Civil Procedure for consideration at the time of hearing. 2. The petitioners as plaintiffs instituted Title Suit No.31 of 1994 in the firs......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ..

Category: Property Law | Date: | Hits: 85

Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)

....to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......ned Advocate appearing for the respondent No.4, however submitted that the Judgment of the Court of Settlement is without jurisdiction, since the owner Bahar Ara never left Bangladesh at any point of time and she is still here in Bangladesh as a citizen of Bangladesh and she entered into an agreemen......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ..

Category: Property Law | Date: | Hits: 107

Shawqat Ara Salahuddin and others Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....s to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 467. ......ons of the multi‑storied building and other portions were let out to different tenants. It is submitted that the petitioners after the death of Md. Serajuddin approached respondent No.1 a number of times in writing and also by appearing before him to mutate the names of the heirs of late Md. Seraj......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment. There will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 467. ......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment. There will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 467. ..

Category: Property Law | Date: | Hits: 119

Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)

....in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ...... Zila Parishad lodged the complaint with the Anti Corruption Officer, Tangail against the accused appellant. 3. After investigation charge sheet was submitted against the accused appellant. At the time of trial charge under section 409 of the Penal Code read with section 5(2) of Act II of 1947 wa......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ..

Category: Criminal Law | Date: | Hits: 88

Mostafa Vs. State, 2012, 41 CLC (HCD)

.... 544. ...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ......earned Assistant Attorney-General has submitted that the Court below after considering the facts, circum­stance and evidence has awarded the sentence since the prosecution has been able to prove the recovery of arms from the conscious possession of the accused person, as such, there is no reason to......s supported the prosecution story. The learned Advocate has further contended that the prosecution has miserably failed to prove the absolute control and possession of the petitioner over the alleged arms, thus, it is a case of no evidence, accordingly, the Judgment and order of conviction and sente..

Category: Criminal Law | Date: | Hits: 59

Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....CD) (1998) 581. ......pellant and as such, the impugned judgment and order of conviction is liable to be set aside. He further submitted that the learned Court acted illegally in holding that the victim was a minor at the time of occurrence and in relying on the evidence of D.W.1 as well as circumstantial evidence to con......ly undergone imprisonment, the girl in judicial custody and the boy in jail custody. At time teenage infatuation subsides if the girl is separated from the boy. In this case the victim girl after her recovery stoutly refused to go to the custody of her parents. Rather preferred to remain in judicial......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..

Category: Criminal Law | Date: | Hits: 89

Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)

.... Civil Revision No.3542 of 1992; Sonali Bank Vs. Ali Tannery and others, 14 BLD 457; Trimbak Gangadher Telang and another Vs. Ramchandra Ganesh Bhide and others, AIR 1977 (SC) 1222; A B Sarin Vs. BC Patel, AIR 1951 Bom 423. Lawyers Involved: M Moniruzzaman Khan, Advocate - For the Petitioner (......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......995 the petitioner Zia Afzal instituted Title Suit No.143 of 1992 on 14‑07‑1992 against the opposite party No.1 Pubali Bank Limited in the Court of the Subordinate Judge, 3rd Court, Dhaka for the recovery of compensation amounting to Taka 63,11,934.65 and for a further declaration that the petit......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..

Category: Civil Law | Date: | Hits: 171

Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)

....) (2010) 297. ......art of Kartick 1403 B.S. the plaintiffs were dispos­sessed from some portion of the suit land appertaining to plot Nos.47-250. But due to unavoidable circumstances they could not amend the plaint in time. Such amendment is required to be allowed for the ends of justice. 4. The application for am......r­dance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......r­dance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..

Category: Procedural Law | Date: | Hits: 114

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....rt Division (Criminal) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Nesaruddin Mallick and others…………………………………………Appellants Vs. The State………………………………………..Respondent Judgment April 23, 2005. Resul......izure list. On 14.3.1985 he received the post mortem report. Thereafter he handed over the charge of investigation to Officer-in-charge Md. Kobad Hossain. In cross-examination he stat­ed that at the time of preparation of inquest report none of the witnesses disclosed the name of assailants. 24.......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..

Category: Criminal Law | Date: | Hits: 78

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261. ...... the Government of Bangladesh was required to issue a number of permissions to the petitioner-company but the opposite party No.2 having failed to issue the required permissions within the stipulated time as a result of which the commencement of the proj­ect was delayed. As such, the opposite party...... 30.10.2003 respectively. Thereafter, the peti­tioner in order to enforce the Awards in Bangladesh on 10.08.2004 filed Money Execution Case No.4 of 2004 before the Court of District Judge, Dhaka for recovery of Tk. 84,75,44,524.80 together With interest in accordance with section 45 of the Arbitrat......ned District Judge, Dhaka is vacated. Communicate this Judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261. ..

Category: Civil Law | Date: | Hits: 178

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

.... the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ...... Respondent No.2, Eastern Bank Limited (hereinafter stated as the Bank) sanctioned and disbursed some loan in favour of Respondent No.3, Gonophone Bangladesh Limited (shortly, Gonophone) and at the time of obtaining loan charge documents for the loanwere signed by the directors of Gonophone and th......নী আটকাদেশ under section 34 are not the same. Moreover, the provisions of section 51 and Order XXI, rule 37 are relating to Money Decree passed in a Money Suit but not in a suit for recovery of loan by financial institution though it may be called a Money Decree but for the later a......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ..

Category: Civil Law | Date: | Hits: 154

Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)

.... Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......ut of the informant despite her opposition. He then emerged a revolver, pointed at her and charged her saying: despite repeated requests why she did not pay money. He said he would kill them all this time. At an opportune moment she and her sister-in-law (second wife of her husband) hooked the door ......overed the arms and ammunitions from the possession of the accused- apparently runs contrary to the FIR version. P.W..3 who is said to be present at the time of occurrence did hot support the mode of recovery of arms and ammunitions from the possession of the appellant and practically has taken a de......ot the police at the spot they handed over the accused with the revolver with five round bullets. Police being satisfied that the accused did not have valid papers in support of the possession of the arms and ammunitions seized the same on the spot by a seizure list duly signed by the witnesses. ..

Category: Criminal Law | Date: | Hits: 84

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

.... and others……………………….Defendant-Appellant-Opposite Parties Judgment May 22, 2007. Result: The rule is discharged. Cases Referred to- Constantine Line Vs. I.S. Corporation, 1941 2 ALL E.R. 165. 179; Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others,......operty transferred is .34 acres. Deed of conveyance of Defendants-Opposite parties, Exhibit-Kha is dated 24.7.1956. Sale deed, Exhibit 'Kha' of Defendants-Opposite parties is much earlier in point of time than the sale deed dated 27.8.1975 of Plaintiffs-Petitioners. Kabala deed of Defendants-Opposit....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..

Category: Procedural Law | Date: | Hits: 155

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

....ecords 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. ...... 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......No.906 or they did not arrest these two accuseds from there or they have been arrest­ed from other place and falsely implicated in this case. 14. P.W.3, A.T.M. Habibur Rahman, as regards raid and recovery of heroin from the possession of the condemned prisoners and Ibrahim almost narrated the sa......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)

....gment August 26, 2009. Result: The Rule is made absolute. Cases Referred to- 29 DLR 9; 6 MLR 6; 35 DLR (AD) 276; 37 DLR (AD) 202Abdul Jabbar Vs. Abdul Aziz, 19 DLR 9; Dhaka City Corporation Vs. Shamsur Rahman, 59 DLR 207; 10 MLR (AD) 100. Lawyers Involved: Md. Humayun Kabir Bu......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. ...... 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)

....is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ......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.  ......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)

....se is also Reported in: 16 BLC (HCD) (2011) 175. ......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. ......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)

....08; Furtabpar Company Ltd. Vs. Cane Commissioner of Bihar, AIR 1970 (SC) 1896; Mr. Zakir Ahmed Vs. University of 16 DLR (Dhaka), 361. Lawyers Involved: Rafiq‑ul‑Huq with Ahsanul Karim, Advocates­ - For the Petitioner. M. Farooq, Deputy Attorney‑General ‑ For the Respondent No.3. ......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. ......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 Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......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......d grow. Her age and maturity at the time of her husband's death do not go with the case of the appellant that the youthful widow was extremely dedicated to her husband and did everything possible for recovery of her ailing husband. It is also unusual for a girl of 12 years that she had plunged into ......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..

Category: Property Law | Date: | Hits: 107

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

....ed. Cases Referred to- Manager Personal Division Vs. Sazahan Miah, 35 DLR 224; TCB & ANR Vs. Syed Sajeduzzaman, 40 DLR 406; BJMC Ltd. Vs. Abdul Halim Chowdhury, 47 DLR 173; Jiban Bima Corporation Vs. Mustafa Hussain, 50 DLR 411; Fazlul Karini Vs. Agrani Bank, 45 DLR 375; Tamser Ali Vs. Md.......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. ......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