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Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
....original decree. But such an agreement between the decree holder and the judgment debtor to make a new arrangement for repayment by way of compromise in a pending execution proceeding was not without legal sanction and it was hardly of any substance if the repayment would cover a period exceeding 12...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....al passed an order in FMA 89 of 1992 and sent back the matter on remand to the Arbitration court. The learned Deputy Attorney-General unfortunately, did not understand and could not differentiate the legal implication between requisition and acquisition under the Act. 12. The learned Subordinate ......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....ny notice. 10. Mr. Eunus Ali Akand, learned Advocate appearing for the petitioners submitted that stopping payment of salaries and allowances of the petitioners without any reason whatsoever was illegal, mala fide and arbitrary. He also submitted that exclusion of the names of the petitioners No.......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..Category: Employment/Service Law | Date: | Hits: 84
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....iasuddin is the only eye witness of the occurrence but unfortunately he has been made an accused instead of citing him as a witness. To speak the truth, the investigating agency of this case has made legal impediments on the way of proving the prosecution case for want of its far-sightness. It appea......ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ..Category: Criminal Law | Date: | Hits: 47
Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)
....yment of his outstanding dues and thereafter the petitioner, on the same day, presented the said cheque in his bank but the same returned dishonoured on the ground of insufficient fund and he then by legal notice dated 24.04.2007 requested the respondent No.1 for repayment of the said amount and tho...... absolute. The above submission merit consideraÂtion. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60...Category: Criminal Law | Date: | Hits: 39
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....proved by leading evidence at the time of trial and the offence of the accused petiÂtioner could not be adjudicated without taking proper evidence. The High Court Division observed that there is no legal bar against the initiation and continuation of the proceedings and as such, the proÂceedings ......he above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....r not there was excess payment to the writ petitioner. It is further contended that the High Court Division erred in law in failing to considÂer that the petitioner failed to show violaÂtion of his legal right and since the writ petition is based on disputed facts the same is not legally maintaina......vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45...Category: Employment/Service Law | Date: | Hits: 87
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....rom the vendors and that they got their names mutated in the records of right and paying rent to the Government in accordance with law. But the government recorded the suit land in the khas Khatian illegally and trying to setÂtle the same to others. Hence the suit. 3. The defendant Nos.8-11 by f......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19...Category: Property Law | Date: | Hits: 93
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....esent petitioner preferred Writ Petition No. 6286 of 2010 before the High Court Division challenging the Constitutional validity of the Money Laundering Protirodh Ain, 2009 (Act No.8 of 2009) and the legality of the initiation and continuation of Metro Special Case No.126 of 2010 corresponding to A.......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....ashem was a First Class Magistrate in Bhola at the relevant time of occurrence. In his evidence, he testified that he recorded the confessional statement of accused Fazilutennessa after observing all legal formalities. He proved the confessional statement as Exhibit 3 and his signature thereon as Ex...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....eave petition was filed on 16‑9‑2002. In the supplementary affidavit it has been categorically stated that out of 'high anxiety' leave petition was filed only to save limitation. I do not see any legal bar in disposing of this application on merit as mere filing of a leave petition does not ipso......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for reÂhearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... why the order of respondent No. 2 contained in Memo No. Liquidator/300/57/532 dated 9‑3‑1986 (Annexure‑1) should not be declared to have been made and issued without lawful authority and of no legal effect. 2. It is stated in the petition that the petitioner is the Managing Partner of Mes...... the winding up of the company was made on 5‑2‑1982 and the Official Liquidator of the Government was directed to take necessary actions for winding up of the said company and since that date the status of the company as an entity came to an end. She further asserts that in accordance with the p..Category: Business or Commercial Law | Date: | Hits: 194
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....on the victim. He used to torture the victim both physically and mentally for dowry and that lastly he has demanded dowry of Taka 20,000 on the plea of going abroad. He and his daughter refused his illegal demand, for which, the accused assaulted the victim with a lathi on 15‑5‑1999 at about 9â€......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
.... records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed without due process of law. 2. The facts giving rise to the application succinct......ner is admittedly a civil important person (CPI) who has established house in the city and huge business establishments in different places. He cannot be said to be a hard-nut criminal in view of his status in the society. He cannot be expected to escape the arrest to be made by the police, if any g..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....ho had no title the plaintiff acquired no right, title or interest in the suit land. Husband of the plaintiff got the suit land mutated in collusion with corrupt 'Tahshilder' and such mutation had no legal effect. 6. On the aforesaid pleadings following issues were framed by the trial Court: (...... the result, the Rule is made absolute without, however, any order as to cost. Impugned Judgment and decree of the appellate Court are hereby set aside and those of trial Court are restored. Order of status quo granted at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. ..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....order of detention on 27‑2‑2002, against which, they moved this Court in Criminal Miscellaneous Case Nos. 2400 of 2002 and 2405 of 2002 respectively. This Court declared the orders of detention illegal and directed for release of the detenus by judgment and order dated 23‑3‑2002. During the ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....atalogued hereunder. i. On the strength of section 133 read with section 114(b) of The Evidence Act the testimony of PW6 Noor Alam could be relied upon to be trustworthy and there could not be any legal bar in coming to a decision on the basis of testimony of PW6. In counting reasons teamed Trial......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....ncashment. After dishonour of the cheques he brought this fact to the notice of the accused-petitioner who made dilatory tactics in making payment of the money. Finding no other alternative he issued legal notice through his Advocate on 27‑11‑1999. The accused-petitioner in spite of receipt of t......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
.... 4‑7‑1992 she gave birth to a female child at Chandina Hospital. She proved First Information Report. She stoutly denied defence suggestion that she was caught with Shanti Raujan at the time of illegal co‑habitation with her. She, also, denied defence suggestion that she passed night with one ......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....anguage. Thereafter at about 6-45 PM on the same day, Aziz Talukder’s eldest son accused Alamgir and his son accused Jahangir, neighbours Abu Talukder, Mati Talukder, Tofazzal Talukder and Haider illegally trespassed into the courtyard of informant Chandra Bhanu and abused her husband Mobfer in fi......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...Category: Criminal Law | Date: | Hits: 52
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