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Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ...... to allow the appeal. 12. In N Joachimson Vs. Swiss Bank Corporation (1921 3KB 110), Atkin LJ stated, "The customer on his part undertakes to exercise reasonable care in executing his written orders so as not to mislead the bank or to facilitate forgery." Limited nature of duty on customersâ......o cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......……(11) The banks have the defence of estoppel, adoption and ratification in respect to cheques having no signature of the customer………………(21) The bank's obligation is an absolute one…………………….(25) A cheque from, which, when drawn, is a bill of exchange, cannot ..Category: Criminal Law | Date: | Hits: 130
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......ant Rule by which this Court can at all interfere with the impugned proceedings initiated and pending for trial andas such, the Rule is liable to be discharged with cost and stay be vacated. 9. In order to appreciate the submission made by the learned Advocate of both parties, let us now see whet......se the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......) (2011) 218. ..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ...........Respondents Judgment April 5, 1989. Result: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magistrate is not competent to make an order of detention with a view to preventing a person from doing a prejudicial act within the meanin......h if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......64. ..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....ppeal summarily holdÂing that the appeal is barred by limitation. The learned Advocate placed before me section 339B Cr.P.C. and submits that provision of said section casts a duty upon the Court to publish the order of the Court directing the accused to appear before the trial Court on a date spec......e mandatory provisions of law was not followed the learned Sessions Judge ought to have conÂdoned the delay and should not have dismissed the appeal summarily without deciding the same on merit. The order passed by the learned Sessions Judge dismissing the appeal summarily on the ground of limitati......al on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ....... ..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......he Respondent. Criminal Appeal No.1670 of 2002. Judgment Syed Mohammad Ziaul Karim J.- This appeal at the instance of convict appellant Md. Sayem Islam, is directed against the Judgment and order dated 22-05-2002 passed by Metropolitan Special Tribunal No.11, Dhaka in Metropolitan Special ......ds at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......armed terrorist assembled at Junaki road Ahmednagar Paikpara, Mirpur. On such information they reached there. Sensing presence of police the terrorist exploided two bombs. At the time of running away one accused named Md. Sayem Islam was caught with one dagger having 23" in length and three cocktail..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....ion sale, to set aside the sale on an application made, amongst others, by a person whose interests have been affected by the sale, on the ground that there has been material irregularity or fraud in publishing or conducting the said sale. If the ground for impugning the sale is fraud in publishing ......rong forum, the learned Judge ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of law that dismissal of default order in the absence of any party is generÂally signed before rising of the Court. If the appellant......impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......ported in: 7 LG (HCD) (2010) 149. ..Category: Procedural Law | Date: | Hits: 154
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......osite Parties Nos.1‑3. Civil Revision No.660 of 1993. Judgment Md. Joynul Abedin J.- This Rule at the instance of the purchaser-Âpre‑emptee petitioner calls in question the Judgment and order dated 28‑11‑92 passed by the Additional District Judge, First Court, Sylhet dismissing Mis...... left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ....... ..Category: Property Law | Date: | Hits: 155
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......nt Attorney‑General ‑ For the Respondents. Writ Petition No. 4908 of 1997. Judgment Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order of warrant of commitment of sentence of imprisonment passed by the District and Sessions Judge......rant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......s Case No. 2529 of 1997. Judgment Md. Nurul Islam J.- By this application under section 561A of the Code of Criminal Procedure accused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR C......ari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......Reported in: 50 DLR (HCD) (1998) 631. ..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......1 pending in the Court of Joint Metropolitan Session Judge, 5th Court, Dhaka. The accused petitioner filed the said application in another bench and after hearing the same, was fixed on 12-7-2001 for order; in the meantime the constitution of that Bench had changed and the record of the Case was sen......and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......2) 179. ..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ...... before us is to be resolved by the trial Court, on hearing the parties and on examination of the eviÂdence produced before the Court. In the result, the application is summarily rejected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to th......y this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Habibul Gani J Md. Muntasir Hossain MD., Unipay 2U (BD)Ltd..........................Petitioners Vs. State and another……………………………..Opposite Parties Judgment ..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......udge), Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him under sections 302/34 of the Penal Code by the Judgment and order dated 31-1-2007 passed in Druta Bichar Tribunal Case No.5 of 2006, Criminal Appeal No.690 of 2......ned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......Sheikh with Md. Osman Gani Khan, Assistant Attorney-Generals - For the State-Respondent. Md. Khurshid Alam Khan with Md. Nazrul Islam Molla with Md. Abdus Salam, Advocates -For the conÂdemned prisoner-appellant. Hasna Begum, Advocate - For the Jail Appellant. Death Reference No.13 of 2007...Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ...... ‑ For the Petitioner. Md. Mostafa, Assistant Attorney‑General ‑ For the State. Criminal Revision No.1985 of 1992. Judgment Md. Hamidul Haque J.- This appeal is directed against the order dated 31‑10‑92 passed by the Special Tribunal No.3 Habiganj in Special Tribunal Case No.43......wn the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ..Category: Criminal Law | Date: | Hits: 72
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......ndicates that summons upon substituted Defendant nos. 18(ka)-18(gaha) had been served. Nineteenth Defendant, also, breathed his last and heirs had been substituted as Defendant Nos. 19(ka)-19(Ja) and order dated 7.10.1992 demonstrates that, summons upon substituted Defendants 19(kha)-19(Ja) had been...... (Civil) Present: AK Badrul Huq J Syeda Helali Begum and others...............................Defendants/Petitioners Vs. Shanty Mary Cruez and others...............................Plaintiffs/Opposite Parties Judgment May 3, 2008. Result: The Rule is discharged. Cases ......o Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ident under the authority of Article 133 of the Constitution after consultation with the Public Service Commission,. as required under Article 140(2) of the Constitution, and the said Rules, 1998 was published in the gazette as a notification bearing SRO No.ŕ§§ŕ§«ŕ§§-আইন/ŕ§Żŕ§®, আইন-ŕ¦ŕ......dvocate appearing for the Respondent No.5 objecting to the Rule on the issues of maintainability and the locus standi of the writ petitioner in the instant case and we hold that the application is in order and the petitioner has locus standi to challenge the holding of the office of Secretary-in-Cha......is perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......rt High Court Division (Special Original Jurisdiction) Present: Shah Abu Nayeem Mominur Rahman J Shahidul Islam J Md. Aftab Uddin…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Cabinet Sec..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......tion of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been pa......tay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......27. ..Category: Labour and Industrial Law | Date: | Hits: 138