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Babul Vs. State, 2002, 31 CLC (HCD)
....under sections 19A and 19(f) of the Arms Act of 1878 (For short The Act) before Special Tribunal No.3, Bagerhat in Special Tribunal Case No.64 of 1995 springing out of Kachua Police Station Case No.9 dated 27‑2‑1995 corresponding to GR No.16 of 1995. Special Tribunal found Babul guilty of offenc......aged under section 429 of the Code of Criminal Procedure (hereinafter referred to as The Code), I shall examine the whole case independently being free from any approach adopted by learned Judges and decisions rendered by them and, also, without being influenced in any way by any observation made by..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
.... − For the petitioner. Mr. Yusuf HossainHumayun, Advocate, with Mr. Md. Matiar Rahman, Advocate − For the oppositeparty. Civil Revision No. 3056 of 2009. (Against the judgment and order dated 16.8.2009 passed by the Additional District Judge, 1st Court, Dhaka in Miscellaneous Appeal No......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..Category: Family Law | Date: | Hits: 171
....n Bashar and Jobaiyada Golshan Ara ‑ For Respondent Nos. 1 to 6.
First Appeal No. 108 of 1999.
Judgment
Md. Abdur Rashid J. - Defendant Nos. 1 and 2 presented the appeal against the decree dated 11‑1‑99 passed by Subordinate Judge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, wh......t it was instituted prior thereto.
Explanation II‑ For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III‑ The matter above referred to must in the former suit h..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No. 3970 of 2001. Judgment M Hussain Haider J. - In this Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 20......ers obtained the present Rule. 8. Mrs. Ferdousi Sahab, the learned Advocate appearing for the petitioners, submits that the learned Assistant Judge committed an error resulting, in an error in the decision occasioning failure of justice in rejecting the application without considering that the al..Category: Civil Law | Date: | Hits: 75
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....was issued calling upon the respondents to show cause as to why the respondents should not be directed to mutate the name of the petitioners in the records of right pursuant to the judgment and order dated 26‑7‑1995 passed by the High Court Division in Civil Revision No. 2819 of 1994 which was a......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ode for sending his son abroad by the opposite party No. 1 and another. But subsequently, the opposite party No. 1 did not send his son abroad and denied the transaction between them as per agreement dated 13‑3‑1997. The photo copy of the said agreement dated 13‑3‑1997 was filed by the petit......ment dated 13‑3‑1997 is a forged one, it is only the Court concerned in which the photo of the alleged forged copy was used could make the complaint. In support of his contention he has cited the decision of Zakir Hossain and other Vs. State and another reported in 43 DLR (AD) 102. Relying on th..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....—For the Respondents. First Miscellaneous Appeal No.304 of 2004 with Civil Rule No. 645(FM) of 2004. Judgment Md. Abdur Rashid J.- Defendants presented the appeal against an order dated 27‑10‑2004 passed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 200...... temporary injunction. 10. He submitted that admittedly the plaintiffs were guarantors who undertook to repay the loan including interest as was due against schedule 112 loan accounts by their own decision dated 12‑12‑93 and they failed to pay Taka 118,46,37,087.31 save paltry amount and defa..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....espondent No.3. 3. It is stated that at a tip‑off on 22‑6‑04, the petitioner found through search by an Advocate that as per annual summary of share capital and list of shareholder-directors dated 31‑12‑99 that on 18‑11‑99 said Abdul Hamid Chowdhury transferred 15,000 shares to Reha......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....ter of weeks and months. The petitioner in paragraph No.7 of the application has given break‑up of the claim and the total amount comes to Taka 15,24,700. It further appears that a statutory notice dated 1‑3‑2003, as evidenced by Annexure 'C' to the application, was in due course served upon t......the parties. Therefore, the instant application does not come within the ambit of sub‑section (v) of section 241 of the Act. Mr. Asaduzzaman, to substantiate the aforesaid contention, relied on the decision reported in AIR 1996 MP 85 and also relies on the case reported in 68 Company Cases, 264 Ka..Category: Employment/Service Law | Date: | Hits: 144
.... refund and deduct the amount granted and paid/payable to the petitioners as gratuity and net pension and withholding payment of their monthly salary/remuneration pursuant to the orders vide (i) Memo dated 17‑3‑2002 issued by respondent No.2 (ii) Memo dated 21‑11‑2002 issued by respondent No...... not re‑appointed after their normal retirement, that excess financial benefit if received by any self-drawing officer on account of pay or allowance, pension benefit, etc. is refundable, that this decision of the respondent No.1 in respect of such deduction of the amount of gross pension from the..
Category: Employment/Service Law | Date: | Hits: 99
....r, Advocate—For the Respondents.
Writ Petition No. 3440 of 1996.
Judgment
Syed Amirul Islam J.- This Rule was issued calling upon the respondents to show cause as to why the Bill No.261467 dated 18‑10‑1994 issued by the respondent No.2 against matter No. 24442016 and of Account No. F/......er Development Board to issue a bill as per judgment of the learned Magistrate but the concerned officials of the Power Development Board with mala fide intention did not issue any bill following the decision of the learned Magistrate but, instead of it, issued a notice for disconnecting the power l..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....For the Opposite Parties. Civil Revision No.4194 of 2001. Judgment Afzal Hossain Ahmed J.- This Rule is directed, at the instance of the plaintiff-petitioners, against the judgment and order dated 2‑7‑2001 passed by the Assistant Judge, Chirir Bandar, Dinajpur in Title Suit No.7 of 1985......Then, the other side has to be given an opportunity to oppose the petition and to contend why such additional written statement should not be entertained at that state. Then the court has to give its decision as to whether the additional written statement is to be admitted or not. This view finds Su..Category: Property Law | Date: | Hits: 50
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....ssistant Attorney-General—For the State. Criminal Appeal No. 88 of 1999. Judgment Sikder Maqbul Huq J.- This appeal under section 30 of the Special Powers Act is directed against the order dated 13‑1‑1999, passed by Special Tribunal No.1, Barguna, in Special Powers Case No.10 of 1998,......e case before us. It has been held in the said case that no licence is required to keep a dagger and consequently, a person cannot be convicted if he is found in possession of a dagger. The aforesaid decision was given on consideration of Rule 30 of the Arms Act. Rule 30 of the Arms Rules, 1924 is r..Category: Criminal Law | Date: | Hits: 78
...., this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned orders contained in Nathi No.5(8) মূসক-বাস্তঃসেবা ও আবঃ/৯৩/৬১ dated 10-4-2010 issued by respondent No.3 (Annexure-H) and Nathi No.4/Musak/Engineering/175/2003/ 82......he NBR and for that reason the impugned orders are liable to be declared to have been passed without lawful authority and are of no legal effect. In support of his contention he paced reliance in the decision of Dalbir Singh Vs. State of Punjab, AIR 1979 (SC) 1384 and also the case of Khandaker Delo..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
..... Md. Abdul Quddus with AK Azad Choudhury Advocates ‑ For Respondent No. 7. First Appeal No. 492 of 2001. Judgment Md. Abdur Rashid J. - Plaintiffs presented the appeal against an order dated 26‑2‑2001 passed by Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 261 of 199......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....7 of 1999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the plaintiffs upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 8‑7‑99 passed by Additional District Judge at Bagerhat in Title Appeal No.275 of 1995 reve...... adduce any evidence save and except the recitals of the deed of sale, Exhibit A. The recitals in a deed are not themselves evidence to prove the legal necessity, he submits. In support, he cites the decisions in the case of Lala Brij Lal Vs. Musammat Inda Kunwar, (1914) 23 Indian Cases 715, Mohamma..Category: Property Law | Date: | Hits: 64
....y out inspection of cargo to be imported into Bangladesh and certifying the quality, quantity, HS Code and price of the goods as per provision of the Order by Gazette Notification NG. 84/2000/Customs dated 10‑2‑2000.
4. The Siemens Bangladesh Ltd. imported 1349 pieces Siemens S‑16 Mobile Ph...... the penalty before consideration of the appeal and rejecting the appeal for want of such deposit.
10. Elaborating, he submitted that the Appellate Tribunal could ask for a deposit only in case of decision or order relating to any duty demanded in respect of goods, which have ceased to be under c..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....lant. SM Aminul Islam, Assistant Attorney General ‑ For the State. Criminal Appeal No. 1459 of 1999. Judgment Gour Copal Saba J. - This appeal is directed against the judgment and order dated 1‑6‑1993 passed by the Additional Sessions Judge and Nari-o‑Shishu Nirjatan Daman (Bishe......ate further submits that the learned Special Tribunal was manifestly wrong in failing to weigh and sift the evidence on record as required by law and evidently fell in error in coming to his ultimate decision, occasioning failure of justice. 7. Mr. SM Aminul Islam, the learned Assistant Attorney ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
..... Judgment Faruque Ahmed J. - This Rule at the instance of the defendant No. 2 petitioner was issued directing the plaintiff opposite party No. 1 to show cause as to why the judgment and decree dated 8‑3‑2000 passed by the teamed Subordinate Judge, Commercial Court No. 2 Dhaka, in Title Ap......the Padma Oil Co. Ltd, being a Public Ltd. Company the relationship between the plaintiff and his employer Padma Oil Co. Ltd. is that of a master and servant. He further submitted that in view of the decision reported in 7 BLC (AD) 1, the Courts below ought to have held that the suit as framed is no..Category: Employment/Service Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....e opposite party to show cause as to why the proceeding of the Special Case No. 18 of 2007, corresponding to A. C. C. G. R. No. 25 of 2007 arising out of Motijheel Police Station Case No. 140(3) 2007 dated 29.03.2007 under section 409/109 of the Penal Code, now pending in the Court of Special Judge,......instigated or conspired with or aided, by any act or omission, the Price Evaluation Committee or the RAJUK or the concerned Ministry or Minister or any member or employee in the process of making the decision to transfer abandoned house, or to evaluate and fix it's price or to allot the concerned ho..Category: Administrative Law | Date: | Hits: 173
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