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Golam Ahmed Vs. State, 2011, 40 CLC (HCD)

....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......half of the accused-appel­lant makes his submission supporting the appeal. He submits that the medical report reveals that the age of the victim was 20 years. She was an adult woman and a consenting party. It is stated in the FIR that they live together as husband and wife for six years. There is u..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233

Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)

....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ...... Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and Rule so was issued calling upon the opposite-party to show cause as to why the accused-petitioner shall not be grant­ed on bail and/or such othe..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126

Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)

....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once.   Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......The rule is made absolute. No Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

Shahjahan Vs. State, 2011, 40 CLC (HCD)

....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......tion) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahjahan……………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: The Rule is made absolute. Cases Referred to..

Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53

Jakir Hazi Vs. State, 2011, 40 CLC (HCD)

....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......J Jakir Hazi................................Petitioner Vs. State………………………………….......Opposite-party Judgment November 30, 2011. Result: The Rule is made absolute. Confe..

Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1

Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)

....ment of Bangla­desh in proper form as respondent in the writ petition, was taken. Had such objection been taken before the High Court Division, the writ-petitioners could have taken step to cure the defect by making necessary amendment in the cause title of the petition. In the leave petition as we......e additional points urged by the learned Additional Attorney-General. It is also a fact that the writ-petitioners did not make the Government of Bangladesh, repre­sented By the concerned Ministry, a party in the writ petition as provided in article 146 of the Constitution, instead they made the res..

Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

.... that they did not deny those incriminating evidence. Learned Additional Attorney-General frankly concedes that this is a bona fide mistake on the part of the Tribunal but, according to him, for this defect the appellants should not be acquitted of the charges. This defect may be rectified by sendin......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......ght title and interest. 7. It was also asserted in the written state­ment that the plaintiff though admitted that Rosomoy Chandra Nath was the owner of the land yet he was not impleaded as a party in the certificate case, therefore, no notice was served upon him in the said certificate proc..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)

....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ...... of the passenger waiting shed (যাত্রী ছাউনী) at Nilkhet Tempo stand. In presence of the witnesses accused Nurul Islam brought out though arms and ammunition. Then the informant party prepared the seizure list in presence of the witnesses. This witness identified the accused pr..

Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28

State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)

....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......persons are concerned, especially when the defence case is that after making a GD. Entry stating that some miscreants had committed the murder, the accused-persons, the sworn enemies of the informant party, were roped in as an afterthought and careful planning by P.W.1" (para 28 of the jud..

Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ourt of Appeal restated the position as under: "The principles stated in the High Trees case..............does not create new causes of actions where none existed before. It only prevents a party from insisting upon his strict legal rights, when it would be unjust to allow him to enforce ..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)

....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......ember 15, 2011. Result: The appeal is dismissed. Onus and presumption as to service of summons In case of allegation of non-service of summons upon the defendant/opposite party, as the case may be, the onus is upon the plaintiff/petitioner that the summons of the suit ..

Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89.   ......ess of this case as he was living beside of the house of accused Matiur Rahman @ Mati. He next submits that the prosecution also examined some local witnesses who are not connected with the informant party in any way has supported the prosecution case as well as the evidence of P.W.1. There is nothi..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ......ntiff petitioner filed Miscellaneous case being No.XIII 129/80-81 for DCR (এক্সজিঃ-৮) dated 20-4-1981 for demarcation of the suit land. Accordingly notice was served upon the opposite-party i.e. Department of Forest for appearing at the time of demarcation. Thereafter that the Sreepu..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......d not be per­formed" Section 62 provides that "if the parties to a contract agree to substitute a new contract for it, or to rescind or alter, the original contract need not be performed". When a party seeks relief for specific performance of the novation of contract, the Court is required to ..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)

....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court con­cerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court con­cerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ..

Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......gs in CR Case No.415 of 1993 pending in the Court of Thana Magistrate, Narayanganj should not be quashed. 2. Short facts, relevant for the disposal of the Rule, are that the complainant-opposite party No.1 filed a Petition of Complaint before the Court of Magistrate, 1st Class, Narayanganj Sada..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

....udge (Sessions Judge, in Charge) Naogaon by his Order dated 26-8-2009 remanded the petitioner in custody on the ground that there are 10 cases alike, he is questionable person, the bail petitioner is defective etc. That ultimately the petitioner has been enlarged on bail from the High Court Division......titioner submits that the petition­er took loan as proprietor of M/s Sugandha. International even if assuming true but not conced­ing that the said firm M/s Sugandha International has not been made party in the complaint petition which is mandatory as per the provision provided in section 140 of t..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......, we are of the view that sub-rule-(S) of Rule 60 made it clear that the decision of the Review Panel is final and binding on all concerned parties, and there is no doubt that the BRTC is a concerned party, which even attended the hearing before the Review Panel. Thus the decision (right or wrong) o..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20