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Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......ate analysis upon their own particular facts. The general principles governing appreciation of circumstantial evidence are well established and beyond doubt or controversy. The difficulty lies in the application of those principles to the facts and circumstances of a particular case coming up for co..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....e same time the grounds are conveyed to him. If the second communication contains no further conclusion of facts from facts oil which the first mentioned conclusion was founded, it is obvious that no fresh ground for detention was furnished to the detenu. If the facts leading to the conclusion alrea......ng judgments, the matter was referred to the third judge, Mr. Justice Anwarul Hoque Chowdhury J, who has delivered the following judgment: Anwarul Hoque Chowdhury J. -This Rule arises out of an application moved by Mr. Mostafizur Rahman, a relation of the detenu the detenu who states to be con..

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....residing officer Mr. Dabiruddin Shaikh, his successor‑in‑office Mr. Md. Abdur Rashid Miah by order No.24 dated 17.9.89 set aside the order acquitting the accused petitioner and fixed the case for fresh trial. 5. A judicial officer of the rank of a Court Subordinate Judge exercising power of S......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..

Category: Criminal Law | Date: | Hits: 73

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

....and order dated 16.2.89 was communicated to the opposite parties including the present contemner on 20.2.89. The pe­titioner was waiting at the jail gate for the release of her husband. On 20.2.89 a fresh order of detention was passed under the signature of Assistant Secretary (Security), Ministry ......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ..

Category: Criminal Law | Date: | Hits: 124

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......e juris­diction of the Court at Laxmipur. The Opposite Par­ties opposed the prayed by filing a written objection. The learned Munsif, Charfesson after hearing both the parties although rejected the application under Order VII, rule 11 of the Code of Civil Procedure, passed the impugned order dated..

Category: Property Law | Date: | Hits: 136

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......urt, and the Court shall thereupon give notice to the parties of the filing of the award." Article 178 of the Second Schedule to the Limi­tation Act is as follows:- Description of application. Period of limitation. Time from which period begins to run. ..

Category: Procedural Law | Date: | Hits: 93

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

....d their produces and products, to process and preserve fish, shrimps, lobsters, frogs and other aquatic things by scientific method and to arrange for the ex­port of the same to foreign countries in fresh, frozen, dried or in any other condition or state, to set up in­dustries and carry on the bus......gong.......................................Petitioner Vs. Registrar, Joint Stock Compa­nies, Motijheel Commercial Area, Dhaka........Respondent Judgment March 30, 1989. Result: The application is allowed. Lawyers Involved: Shahabuddin Faiz, Advocate-For the Peti­tioner. ..

Category: Company Law | Date: | Hits: 191

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....im. (2) Where the court is satisfied— (a) that a suit must fail by reason of some for­mal defect or (b) that there are other sufficient grounds for al­lowing the plaintiff to institute a fresh suit for the subject matter of a suit or part of a claim, it may on such terms as it thinks fi......ma of Tk.752/14 annas. The defendants after Diara settle­ment and departmental survey had taken steps to oust the plaintiffs from their lands. Thereafter the plaintiff Nos.1, 2,3,8,9 and 10 filed an application before the learned Subordinate Judge with a prayer to permit them to withdraw the suit s..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......irector of the said Cell on 8.1.86 under the provisions of Regulation No. II of the Martial Law Regulation 1 of 1982 which was numbered as Tejgaon P.S. Case No.113 (1)86. 3. The petitioner made an application to the CMLA, praying for justice. On the basis of the said application the record of the..

Category: Employment/Service Law | Date: | Hits: 209

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......e is made absolute.   The Code of Civil Procedure, 1908 (V of 1908); Order XLI, Rule 27   During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before th..

Category: Procedural Law | Date: | Hits: 113

Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......ated 19‑8‑95 allowed the said Miscellaneous Case, awarding a cost of Taka 1,000 to be paid to the defendant-petitioners within 45 days from the date of the order, Thereafter, in view of filing an application by the plaintiff for exempting her from paying the cost, the learned Assistant Judge red..

Category: Procedural Law | Date: | Hits: 94

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......€¦..Respondents Judgment June 17, 2001. Result: The Rule is made absolute. Under section 165 of the Code of Criminal Procedure the Sessions Judge concerned can accord permission on the application of a police officer or officer of Bureau of Anti-Corruption for the purpose of investiga..

Category: Criminal Law | Date: | Hits: 305

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

....een sup­ported by our apex Court. i) A cheque can be presented for encash­ment on any number of occasions within the period of its validity and its dishonor on every occasion will give rise to a fresh 'Cause of action' within the meaning of clause (b) of section 141 of the Negotiable Instrument......: No one - For the Petitioner. Sakila Rowshan, Deputy Attorney-General - For the State. Criminal Miscellanous Case No. 25988 of 2009. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the o..

Category: Criminal Law | Date: | Hits: 94

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ...... that only for the purpose of Audit Deputy Commissioner Taxes can reopen the same at the behest of the National Board of Revenue. 20. The citations of the Deputy Attorney General have no manner of application in the facts and circumstances of the present case. 21. Therefore, we find substance ..

Category: Fiscal/Taxation Law | Date: | Hits: 167

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......he necessary certificate from the said Board, that before issuing the certificate the Film Censor Board did not exercise due care, caution and circumspection or, in other words, there was a total non-application of mind in allowing the film to be released. 9. Mrs. Sigma Huda, learned Counsel, fil..

Category: Civil Law | Date: | Hits: 210

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......is to be dismissed. 5. The trial Court dismissed the suit by the Judgment and decree dated 25-8-2004 and 31-8-2004 respectively. 6. Being aggrieved thereby, the plaintiff as petitioner filed an application under section 115(1) of the CPC before this Court and obtained the present Rule. 7. M..

Category: Property Law | Date: | Hits: 121

Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)

.... him into jail. 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: 62 DLR (HCD) (2010) 446. ......ioner. No one appears - For Respondents No.1. Hosneara Begum, Advocate - For Respondent No.2. Writ Petition No.8106 of 2006. Judgment SM Ziaul Karim J.- This Rule Nisi was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling up..

Category: Civil Law | Date: | Hits: 140

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......ral - For the State. Md. Khurshid Alam Khan, Advocate - For the Opposite Party No. 2. Criminal Miscellaneous Case No. 5485 of 2003. Judgment Md. Shamsul Huda J.- This rule was issued on anapplication under section 561A of the Code ofCriminal Procedure being preferred by the accusedpetiti..

Category: Criminal Law | Date: | Hits: 137

Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)

....e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......g the appeal the appellate Court was pleased to dismiss the appeal. 5. Being aggrieved by and dissatisfied with the aforesaid order of the appellate Court the petitioners preferred this revisional application before this Court and obtained the present Rule. 6. Mr. Ibrahim Mollah, the learned A..

Category: Property Law | Date: | Hits: 83

Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not main­tainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......creed ex parte by the 2nd Commercial Court, Chittagong vide order No.66 dated 24-8-1991 and the formal preliminary decree was signed on 29-8-1991. Thereafter on 16-4-1998 the respondent No.3 filed an application for drawing final decree in that Mortgage Suit No.6/88 under Order XXXIV, rule 5 of the ..

Category: Civil Law | Date: | Hits: 134