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Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ....... Zahida Khatun, Advocate-For the appellant. Bashir Ahmed, Assistant Attorney General - For the respondent. Criminal Appeal No. 4497 of 2007. Judgment AKM Asaduzzaman J. - By the judgment and order dated 02.08.2007 passed by the learned Nari-O-Shishu Niarjatan Daman Tribunal No. 2, Lalmo......s not sustainable in law. 11. The learned Assistant Attorney General appearing for the opposite party opposed the appeal and submits that the trial court has rightly convicted and sentenced him on proper assessment of the evidences on record and there is nothing to interfere in the impugned judgm......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 60
Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)
....a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......me Court High Court Division (Admiralty Jurisdiction) Present: AFM Abdur Rahman J Amir Hossain……………………… …………………………Plaintiff Vs. M.V. TITU-5 and others …………………………...... Defendants Judgment January 17, 2010. Case ......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......it appears that the parties the cause of action of both the suits are same and the issues are also similar and as such the withdrawal of the said suit from the 2nd Additional District Judge, Dhaka to adjudication is required for the purpose of the same along with the instant suit and the same shall ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
.... going to the said mill and while reached in front of the land of one Kaimuddin Mondal, condemned prisoner Khosbar Ali dealt him indiscriminately hasua blows from behind as a result his left hand was completely separated from left forearm and also the neck was severed and that condemned prisoner the......earned Sessions Judge, Natore in Sessions Case No.6 of 1994 in confirmation of the sentence of death imposed upon condemned prisoner Md. Khosbar Ali convicting him under section 302 of the Penal Code and sentencing him thereunder to death by the judgment and order dated 2-9-1997. 2. The condemned......on by the trial Court. The learned Advocate lastly, submits that it appears from the conduct of the State defence lawyer appointed to represent the condemned prisoner that he did not conduct the case properly and even was absent on the date of examination of some witnesses as a result of which the c......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....d the price at Taka 1 lac and odd, whereas the defendant No.3 offered Taka 1 crore and odd being the highest bid money in the tender. As the offer of the highest tenderer was accepted the contract is complete and the plaintiff is not entitled to claim any right to purchase the suit property. 7. I......ion (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J United Commercial Bank Ltd……………Defendant-Appellant Vs. Rahimafrooz Batteries Ltd. and others……………….Plaintiff-Respondents Judgment February 23, 2000. Case Referre......ended to disinvest the Holding No.74. Motijheel Commercial Area and thereby invited tenders from the intending purchasers on the terms and conditions laid down in the tender form for selling the said property. The plaintiff being one of the tenants of the suit holding submitted tender for purchasing......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....h, had to invest additional equity money as well as take additional loan of Taka 15 lac. As a result the petitioner incurred substantial loss in spite of adverse situation the petitioner succeeded to complete project and went into commercial service and started repayment of loan. The respondent Bank...... Ed. This Case is also Reported in: 52 DLR (2000) 621. ......the petitioner. Dr. Kazi Akhter Hamid, appearing for the respondent Shilpa Bank, submits that the notice has been duly served and that the Bank proceeded under Article 34 for sale of the mortgaged property on the failure of the petitioner company to repay the loan in accordance with law. 7. We......e Bank in the auction sale to be held. Rule 7 is on adjournment of sale and may put the mortgaged property on public auction again or may call public tender. 14. Rule 8 which is very pertinent for adjudication of the Writ petition is as follows:— “8. Deposit of hid or tender money- (1) ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ...... Pashi Bazar, Police Station-Rupgonj, District-Narayangonj................Opposite Party Judgment March 9, 2010. Result: The Rue is made absolute. Lawyers Involved: Taimur Alam Khandaker, Advocate with Nur Mohammad Miah, Advocate-For the Petitioner. AKM Zahirul Hoque, Advoca......eeing the suit. 2. The plaintiff Md. Rafiqul Islam Liton instituted the Title Suit No.159 1999 in the Court of Rupgonj Senior Assistant Judge, Narayangonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against the defendant No.1 Noor Mohammad, his moth......aration of title only and there being no prayer for confirmation of possession or recovery of possession, the point of alleged vagueness as to the description of the suit land was not so material for adjudication.” 39. In the case of Naresh Vs. Nirmal reported in AIR 1989 Ori 248 their lordship..Category: Property Law | Date: | Hits: 74
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......ndent. Government Appeal No. 04 of 1984. Judgment Md. Abdul Aziz J.- This is an appeal under section 417(1) of the Code of Criminal Procedure on behalf of the State arising out of judgment and order dated 16-2-84 passed by the learned Sessions Judge, Dhaka in Session Case No.497 of 1983 a......dent and, as such, the impugned judgment of acquittal is illegal. He further submits that the deceased Golapi being maid servant of the accused was in the custody of the accused and in the absence of proper explanation required under section 106 of the Evidence Act the accused respondent ought to ha......on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617...Category: Criminal Law | Date: | Hits: 60
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......ppeal No. 525 of 1991. Judgment Amirul Kabir Chowdhury J.- This appeal at the instance of the accused-appellant preferred under section 30 of the Special Powers Act, 1974 arises out of judgment and order dated 27-4-1991 passed in Special Tribunal Case No.59/1990 by the learned Additional Sessi......here were houses near the sishu tree and the place of occurrence is under control of the college and that he did not ascertain whether the college was then open. He denied the suggestion that without proper investigation he submitted the charge-sheet. 12. The accused was thereafter examined under......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......gree. Ed. This Case is also Reported in: ......used-respondent on the charge of abetment for murder or for attempt to murder and consequently discharged the accused from the session case. Thus it appears that the Additional Sessions Judge without proper consideration of the materials on record and application of mind to section 265 C and 265 D o...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 55
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Aleya Begum and others ………………………………Petitioners Vs. Rahima Begum and others .............he application are that the plaintiff filed the Title Suit No.509 of 1990 which was renumbered as Title Suit No.134 of 2000 in the 5th Court of learned Joint District-Judge, asserting that the suit property was allotted to one late Nazir Akter Begum vide Memo No. 2320 dated 14.08.1975 who got deli......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134...Category: Property Law | Date: | Hits: 61
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......………………………….....................Petitioner Vs. The Government of the Bangladesh, represented by the Secretary, Ministry of Communication, Secretariat Building, Ramna, Dhaka and others .......Respondents Judgment October 3, 2010. Lawyers Involved: Md. Awlad Ali,......ing that the lands in question have been vested in the Government under section 5(7) of the Act free from all encumbrances and that the writ petitioner has no right to claim for release of the entire property in his favour. 5. We have perused the impugned judgment along with the writ petition a......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......o Reported in: 52 DLR (2000) 589.......No.1, was the owner of 10.5 acres of land out of which he sold out 0.48 acre of land to others by registered kabalas and being in possession of the remaining land, hereinafter referred to as the suit properties died leaving behind the defendant No.1 his only son, the plaintiff, his only daughter and......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...Category: Property Law | Date: | Hits: 89
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....he total loan amount was rescheduled in the Board meeting of the Bank, held on 16th April, 1997, with prior approval of the Bangladesh Bank. 4. It is stated in the petition that IFIC Bank Ltd. has completely been plundered by some directors and shareholders specially the respondent Nos.4 and 5, w......upreme Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J KM Zakir Hossain…………….Petitioner Vs. Bangladesh Bank and others……………….Respondents Judgment May 9, 2000. Case Referred To- 27 DLR ...... the affairs of any banking company being conducted in a manner detrimental to the interest of the depositor or in a manner prejudicial to the interest of the banking company; or (d) To secure the proper management of any banking company generally; it is necessary to issue directions to banki......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
.... the existing design. But the petitioner protested by letter dated 15.04.2007 as that would be faulty design. There were several communications between the petitioner the respondents as to how to complete the work and respondent No.4 gave direction for constructing the slope protection. On 12.06...... Md. Mobarak Hossain………………..........Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives and others. ........Respondents Judgment February 4, 2010. Lawyers Involv......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......contract by the respondents. On 30.03.2008, the respondent replied that advance payment was not mandatory and that there was no much progress about the work. On 10.04.2008, the petitioner asked for adjudication under clause 24 of the condition of contract, but no action was taken. The petitioner c..Category: Others | Date: | Hits: 118
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ......rted in: VII ADC (2010) 595. ......7047 and 7048 of 2008. 2. The facts in brief in Writ Petition No.7046 of 2008 are that the writ-petitioner No.4 is the proprietor of M/S. Asian Poly & Box and the petitioners mortgaged their properties in favour of National Bank of Pakistan, Agrabad Branch, the writ-respondent No.1, in orde......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ..Category: Property Law | Date: | Hits: 54
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......R (AD)(2010) 465. ...... of 2007. 2. The petitioners instituted Title Suit No.151 of 1997 in the Court of the learned Assistant Judge, Gopalgonj, Sadar, for declaration of title and confirmation of possession in the suit property. The case of the plaintiffs, in short, is that the suit property measuring 1.20 acres of ......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....a definite tendency pointing towards the guilt of the accused person and, though each of the circumstances by itself may not be conclusive but the cumulative effect of proved circumstances must be so complete that it would exclude every other hypothesis and unequivocally point to the guilt of the ac......nce No. 15 of 2002. Judgment AK Badrul Huq J. - This criminal proceeding by way of Death Reference is an epitome of dowry death where wife Kohinur Khatoon became victim of dowry lust of her husband Md. Kaloo and Kohinur was tortured to death by him. 2. Diabolical and revolting crime had bee......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......sion (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………….Appellant Vs. Shaiokh Abdur Rahman and others……..Respondents. Judgment August 31, 2006. Lawyers Involved: Abdur Razaque......e and the two learned State Defence Lawyers representing the condemned convicts. We have also considered all materials on record including the evidence and the impugned Judgment and order. 11. For proper appreciation of the case and for determination of the sustainability of the impugned Judgment......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......stant Attorney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal......nst him the period he spent in custody in connection with the offence before conviction should not be set aside and or such other or further order or orders passed as to this Court might seem fit and proper. Both the jail appeal and the Rule have been heard together. 3. Prosecution case, in short......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......……… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque and another Vs. State,......s Kalu, Abu Noman Khan and Md. Ibrahim. She next deposed that Md. Mizanur Rahman, one of her cousins, hired the accuseds with money and caused the occurrence by wire-pulling out of enmity over landed properties. PW 1 further states that after apprehension of the accuseds she went to the Police Stati...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
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