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Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....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: ......by the Secretary, Ministry of Finance and others reported in 61DLR (AD) 92 as referred to by Mr. Goswami, the learned Advocate is not also applicable in the present case in our hand. Upon that case a question was raised whether section 47 of the Ain, 2003 can be given effect to any pending suit file......suing order dated 22.3.2009 all further proceedings of Artha Jari Case No. 12 of 2005 was stayed for a period of 3 (three) months and subsequently it was extended till disposal of the Rule. 3. The facts leading to disposal of the Rule are briefly stated below: According to the plaint, the peti..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....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. ......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. ...... the P.Ws. and the suggestions put forward on their behalf is that they are innocent and they have been falsely implicated in the case out of previous enmity and grudge. 8. On consideration of the facts and circumstances of the case and evidence on record, the learned Additional Sessions Judge, 3..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....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. ......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. ......01 (Annexure-K) restricting Respondent Nos.3-6 from declaring stock dividend or rights issue should not be declared to have been taken without lawful authority and to be of no legal effect. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioners are holders of secur..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. ......ned Advocate appearing on behalf of the petitioner and perused the revisional application along with other materials on record. It appears that the plaintiff claimed that he purchased the property in question from Raj Kumar, who became the owner of the property on the death of his father Basanta Kum......t of appeal below committed error of law resulting in an error in the decision occasioning failure of justice in reversing the judgment and decree of the trial court without applying it's mind on the facts, circumstances and evidence on record. 9. None appears to oppose the Rule. 10. I have he..Category: Property Law | Date: | Hits: 155
....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.
......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.
......eem referred to an unreported decision passed in Writ Petition No.6813 of 2001 (Bimal Sarder and others Vs. People's Jute Mills Limited and others) by another Division Bench of this Court wherein the facts and circumstances are similar. Therein it has been held “there is no rationality to the subm..
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. ......ollick contained no mention about price of the Truck No Dhaka Metro TA-16, but he admits that Blue Book Road Licence of the Truck were filed by the petitioner A. Aziz Mollick and as such the Truck in question may be released in the Jimma of the petitioner pending decision as to the ownership of 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)
....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: ...... State Vs. Abul Kalam Azad and others, 8 BLC 464. 31. The trial Court rightly convicted the appellants after considering the evidence on record. The learned advocate for the appellants raised a question about recording G.D. Entry dated 02.01.1994 (Exhibit-15). According to him that G.D entry s......ht following 29.12.1993 and they had thrown away the dead body of Rafiq into the river. During such interrogation some police personnel appeared there and the accused persons again disclosed the same facts to the police. Thereafter the informant, his companions and the police personnel went to the b..Category: Criminal Law | Date: | Hits: 170
....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......- For the Respondents.
Writ Petition No.6992 of 2005.
with
Writ Petition No.4663 of 2005.
Judgment
SM Emdadul Hoque J.- In these 2 (two) Writ petitions, similar facts and common question of law having been involved, those are heard analogously and are being disposed of by this ......Attorney-General - For the Respondents.
Writ Petition No.6992 of 2005.
with
Writ Petition No.4663 of 2005.
Judgment
SM Emdadul Hoque J.- In these 2 (two) Writ petitions, similar facts and common question of law having been involved, those are heard analogously and are being dis..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....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. ......istant Attorney-General - For the Opposite Party No.1. Civil Revision No.3266 of 2008. Judgment Md. Moazzam Husain J.- This rule was issued at the instance of the plaintiffs calling in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka......aneous Case against the ex-parte decree passed in TS No.113 of 1999. Two years 2 months thereafter the instant Miscellaneous Case under Order IX rule 13 of the CPC was filed by suppressing material facts only to deprive the plaintiffs of the fruit of decree they got through sustained legal battle...Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......s that the issuing date of notice must not exceed 15 (Fifteen) days and notice can very well be given 7(Seven) days time and since no breach of the provision of law is manifestly initiated notice the question of quashing the proceeding on the point of giving notice demanded payment of amount within ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......, it was an illegality and objection having been filed in Court, although after period of limitation, but when the arbitration itself 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 observ......the objection petition dated 9-10-2005 and 14-11-2005 filed by the defendant No.5 against award and to pass a decree in terms of award dated 20-8-2005 filed by the learned Arbitrator. 2. The short facts relating for disposal of the rule, is that, the opposite party, Bangladesh Water Development B..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. ...... preferred. However, when it is apparent on the face of the record that gross illegality has been committed by the Court below, it must have to be rectified for ends of justice. 10. So far the question of limitation of the Execution Case is concerned, we hold the view that neither the particu......404 of 2004 allowing the said case under Order XXI Rule 58 of the Code of Civil Procedure, should not be set aside or such other order passed as this Court may seem fit and proper. 2. The relevant facts necessary for disposal of the rule are that the petitioner, namely Bank of Small Industries &a..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. ......s order would be that a party who is shown to be in possession at the date of the order is to be retained in possession and not to be dispossessed inviolation of Court's order by any party till the question of title is decided by a civil Court. The further effect of the order would be that the bur......cord that imminent order of attachment need be parsed, even, before hearing the parties as to such actual possession because it was a case of emergency. The existence of an emergency founded upon facts would give jurisdiction to the Magistrate to pass an order of attachment at provided under the..Category: Criminal Law | Date: | Hits: 88
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. ......n from 1968 and be had to undergo the ordeal of a criminal trial for these long 11 years and has been made to carry the stigma of being an accused before the society, at large all these years. If the facts that have been stated above are not abuse of the process of the Court we do not know what else..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..Category: Criminal Law | Date: | Hits: 70
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....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. ......he Petitioner. No one – For the Respondent. Civil Order No.246 of 1383. Judgment Mustafa Kamal J.- This is an application u/s. 115(1) of the Code of Civil procedure calling into question the Judgment and decree dated 30 6.83 an 17.7.8.3 respectively passed by the learned Subo......e than complied with, though the notice terminates the tenancy on a date other than the one on which the lease term itself ends. The Privy Council decision cited by Mr. Ahmed does not apply in the facts and circumstances of the case. I do not find any ground for interference in this matter. ..Category: Property Law | Date: | Hits: 73
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....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. ......if the delivery of the goods is made not as a result of any dishonest inducement then no offence of cheating is committed. In a case of supply of goods on premise to pay its price the all important question to be determined is whether the intention not to pay the price was there when the promise w...... on future date and the fact that the cheque is dishonoured which amounts only to a breach of promise is not a criminal offence. In this case the complaint petition does not disclose and the admitted facts and circumstances relating to the business transaction between the petitioner and the opposite..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......R (AD) 1 it hasbeen held by the Appellate Division as follows:- "We are in agreement with the view of Supreme Court of Pakistan in Rowshan Bijaya Shawkat Ali Khan's case (18 DLR (SC) 214) on this question. We, therefore, find that an illegal order of detention can not continue by a subsequent ......form such person of his right of making such representation and to afford him the earliest opportunity of doing so; Provided that nothing in this section shall require the authority to disclose the facts which it considers to be against the public interest to disclose. (2) In the case of a de..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......yet been received. 6. Mr. Abdul Hameed Chowdhury, the learned Advocate for the petitioner, submits that since the extension and development of the said airport was completed long ago, the lands in question were not used for the purpose it was acquired and still lying in occupation and possession ......authority. 2. The petitioners challenged the validity of keeping under acquisition unutilised lands by the requiring body long after the completion of the project for which they were acquired. The facts as stated in the petition are, in short, that the lands appertaining to CS plot Nos.394 and 11..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......show that the accused was present at the time when the deceased met her death. Therefore, the cited decision is fully applicable to this case. 25. From what we have discussed above considering the facts and circumstances of the case and evidence on record and the cited case law, we are of the vie..Category: Criminal Law | Date: | Hits: 91
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