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Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....9‑89 GR 63/89 under sections 302/34 Penal Code. 2. Prosecution case, in brief, was that at 4‑00 PM on 28‑9‑89 accused appellant Zakir Hossain called out victim Shamim 7/8 years old minor son of informant PW 1 Muslim from their courtyard. Shahjahan, another son of PW 1 informant Moslem, ....../91 arising out of Matlab PS Case 8 dated 29‑9‑89 GR 63/89 under sections 302/34 Penal Code. 2. Prosecution case, in brief, was that at 4‑00 PM on 28‑9‑89 accused appellant Zakir Hossain called out victim Shamim 7/8 years old minor son of informant PW 1 Muslim from their courtyard. Shah...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....that respondent No. 1, Government of Bangladesh, with a view to expand the telephone communication network all over the country, entered into a contract dated 11th November, 1996 with GrameenPhone Consortium now GrameenPhone Limited (hereinafter referred to as "GrameenPhone") and also granted Licenc......ticing Advocate of the Supreme Court, seeks to impugn the imposition and realisation of royalty and licence fees every year as unlawful and without jurisdiction. By the same rule the respondents were called upon to show cause why they should not be directed to refund the money realised from the peti......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....amount on the averments that its stock of raw cotton valued at Tk. 2 crore were insured with the defendant under an insurance policy for Tk. 2 crore covering the risk of fire, cyclone and flood. It also instituted Money Suit No. 46 of 1994 for recovery of Tk. 68,27,299.42 on the averments that it im...... on them, and where a legal property in goods passes to the person who lends money on them, but the possession does not pass, it is hypothecation, the document by which the legal property is given is called a bill of sale. In cases of hypothecation, the hypothecated goods need not to be in the physi......ade authority and the local police station. The defendant thereupon appointed Allied Inspection Company Limited, Chittagong, and Hanlay Associate Limited, Chittagong as surveyors for ascertaining the loss. Both the surveyors submitted report assessing the loss sustained by the plaintiffs. Thereupon,..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....ch month. The second agreement dated 1‑1‑1989 is admitted in evidence as Exhibit 2. As per terms of the agreement if monthly rent remains unpaid within the aforesaid stipulated period the tenancy so created is liable to be terminated. It is also evident that there being no renewal of the second ......nguishable and the cited decision is not at all was no agreement in between the parties, creating monthly tenancy, fixing monthly rent. In the said case, it was found a valid lease as it could not be called upon and such type of unregistered deed of and as such the defendants were found not liable t...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..Category: Property Law | Date: | Hits: 28
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
.... in: 56 DLR (2004) 132.......ng without waiting for the Chairman to come back home with dagger in their hands saying that they would demand justice from the Chairman on the way. At that time accused Nabalak Mia (since acquitted) called the condemned prisoner Abul Kashem and accused appellant Anowar Hossain to his house and inst......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
.... Present: AK Badrul Huq J Md. Abu Tariq J State……………………………………………………….Petitioner Vs. Mir Hossain alias Mira and others……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Barendra Kumar Ghosh Vs. King Emper......nce of PW 5 Md. Mahbubul Hoque to the effect that Belal, son of both convict-appellant Shah Alam and deceased Rokeya Begurn made communication with him that convict-appellant Mir Hossain alias Mira called out his mother Rokeya Begum out of the house. d. Recovery of dead body of victim Rokeya Be......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... ETV Ltd should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. Subsequently, after hearing the parties the Rule was made absolute on 27‑3‑2002. Being aggrieved by the aforesaid Judgment and order dated 27‑3‑2002, th......o the Hon'ble Prime Minister, the Minister in charge of the Ministry of Information and the Bangladesh Telecommunication Regulatory Commission, shortly, the BTRC, but received no reply. He personally called on most of the Cabinet Ministers and other high officials of the Government just to get ETV b......n by the highest law officer of the country the seized machineries were not returned and then the Rule was issued. And of date the seized machineries are in the custody of the Government. We are at a loss to consider what more the petitioner could do to get back the seized machineries and how long t..Category: Information Technology Law | Date: | Hits: 230
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
.... of 2000 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts which led to the issuance of this Rule are that, the present petitioner is a sponsor shareholder of the United Commercial Bank Ltd. (hereinafter called "the Bank") and he was the fi......to this Court may seem fit and proper. 2. The facts which led to the issuance of this Rule are that, the present petitioner is a sponsor shareholder of the United Commercial Bank Ltd. (hereinafter called "the Bank") and he was the first elected Chairman of the Board of Directors of the said Bank ......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....nt. ABM Waliur Rahman Khan, Assistant Attorney General-For the Respondent-State. Criminal Appeal No. 636 of 1995. Judgment Md. Hassan Ameen J.- This Criminal appeal, at the instance of sole accused-appellant Md. Dulal Mia, is directed against the judgment and order, dated 30‑3‑199......leged that a medicine shop was established by the accused-appellant with the money so supplied by mother of the deceased as dowry some time prior to the occurrence. In this connection, it may be re‑called here that there is allegation that the accused‑ appellant was not satisfied with the dowry ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65...Category: Criminal Law | Date: | Hits: 88
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in service of the Bank stating, inter alia, that he joined the bank as Junior Assistant on 19.02.1977 in Sylhet Branch of Uttara Bank and his service was confirmed in the bank and following arrest of some Central leaders of the Bank Employees Federation, Dhaka on 09.09.1981 all the Bank Employees of......mited Vs. Md. Nazul Islam Patwary and others reported in 48 DLR (AD) 62. 19. It appears that the contention raised been settled by this court in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...Category: Employment/Service Law | Date: | Hits: 95
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
....ith two others were arrested. 3. Police after investigation submitted charge-sheet against accused-appellant and five others under sections 10/12 of the Ain of 2000 showing three of the accused persons absconding. 4. The case was sent to Jananirapatta Bigna Shristi Kari Aparad Damon Tribunal. ......osecution case, in short, is that Sub-Inspector Abdul Aziz Hawlader as informant lodged First Information Report with Sutrapur Police Station stating inter alia that main opposition political parties called day long hartal on 28-2-2000 and on that day informant along with his police force was on dut...... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385...Category: Criminal Law | Date: | Hits: 34
Karam Ali Vs. State, 2001, 30 CLC (HCD)
...., in default, to suffer RI for a further period of 6 months. 2. The prosecution case, in short, is that on getting a secret information through a tip at about 9-30 PM on 23-5-93 to the effect that some miscreants were making preparation for committing dacoity, informant SI Md. Abdul Halim Mia of ......d under section 399 of the Penal Code. It is found from the charge framed against the accused at the trial that only four accused persons had assembled for commission of a dacoity whereupon they were called upon to answer charge under section 399 of the Penal Code. Section 399 of the Penal Code read......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...Category: Criminal Law | Date: | Hits: 97
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... Ali Hossain and Tara Mia and absconding co accused Md. Siddiqur Rahman Bhuiyan and Md. Lutfor Rahman Bakshi under section 468 of the Penal Code and sentencing them thereunder to suffer Rigorous Imprisonment for 4 years and to pay a fine of Taka 50,000.00 each, in default, to suffer Rigorous Impriso......h believing him to be Haji Asgar Ali. Subsequently, he learnt that accused Md. Ali Hossain impersonated himself as Haji Asgar Ali in connection with the above noted LA case. Subsequently, when he was called at the office of the ADC, Narayanganj to be appraised of the foul play resorted to by accused...... fine, the concerned public authority or body suffering injury due to the criminal act of misappropriation of its money by the accused, shall be left with no prompt efficacious measure to recover its losses. This will, in fact, tantamount to be a premium to the delinquent at the cost of the aggrieve..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....ot be expunged. 2. The facts relevant for the purpose of disposal of the Rule are as follows: In the above case Mr. Abdul Kahar Akand was the Investigating Officer. The petitioners claimed that some of the statements recorded under section 161 of the Code of Criminal Procedure were not actuall......ey-General with Anisul Haque Md. Mostafa, Assistant Attorney-General—For the State. Criminal Revision No. 557 of 1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the Code of C...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ..Category: Criminal Law | Date: | Hits: 45
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....order dated 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accused appellant Md. Salim under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000 in default, to suffer RI for a further period of 6 ......m stated to all present at the scene that accused Md. Salim had poured petrol on her body and set fire to her person by a match stick, causing fatal burn injuries. Immediately thereafter a doctor was called in to attend upon her. As her condition was critical, she was hurriedly removed to Sonagazi H......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...Category: Criminal Law | Date: | Hits: 53
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....he suit land was recorded in the name of his father during the survey under the State Acquisition and Tenancy Act and they have been in possession on payment of rents. In the present revenue survey also, his name was correctly recorded. In order to grab the suit land the plaintiff created the Bainap......justice has occasioned thereby. In the result, this Rule is discharged and impugned order is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......erent professional groups of pesh Imam, Muazzins, teachers of School and College, staff members of Medical Centre and Hospital though run by the factory management by no stretch of imagination can be called “Workers” or “Workman” as defined in the aforesaid 2 clauses. In support of this cont......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...Category: Labour and Industrial Law | Date: | Hits: 99
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....d, is that at about 5-00 PM on 12-6-86 after prayer time victim Abdul Mabud Master was coming home from Kuddukhali Launch Ghat by ‘Ferdousi Road’ and when he came near the house of the accused persons, accused Rashid Ahmed and 17 others, being armed with deadly weapons like knife, kiris, lathis,......e State has placed before us the first information report of the case, the charges framed at the trial against the accused-persons, the evidence on record as well as the impugned judgment. We are now called upon to scrutinise the material evidence on record to arrive at a decision in the case. 11......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
.... of 1990 arising out of Jamalpur PS Case No. 4 dated 10-11-89 corresponding to GR Case No.151(2)/1989 convicting and sentencing the accused under section 376 of the Penal Code to suffer rigorous imprisonment for 10 years with a fine of Taka 1,000.00 in default to suffer Rigorous Imprisonment for a f......is involvement in unsocial activities. 16. P.W.6 Azizur Rahman is the seizure-list witness. He identified the kupi. In cross-examination this P.W. admitted that he was a rickshaw puller and he was called along with Khoka by the Daroga and was shown the kupi and Daroga took his signature in a pape......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....er the Companies Act, 1994 with an authorised share capital of Taka 1 crore divided into ten lakh shares of Taka 100 (Annexure A). 3. The SIBL has four types of directors— Group-A Bangladesh Sponsor Director, Group-B Foreign Sponsor Director, Group-C Government nominated Director and Group-D Me......rs. The petitioners, however, managed to obtain copies of the said notices (Annexures H and I). 6. Despite the court’s order of stay, the SIBL at the initiative of its present Chairman illegally called 64th Board Meeting on 8-7-2001 (Annexure J) and in that meeting a resolution was adopted to c......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306...Category: Company Law | Date: | Hits: 208