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Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......ilty of having committed theft of the money belonging to his master and as such the Court legally convicted him under section 381 of the Penal Code. Now let us consider the contentions raised in this application and the submissions of Mr. Pasha. From reading the judgments of both the Courts below I ..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......ent from the previous transaction between the comÂplainant and the petitioner. In view of the aforesaid finding the contention that in a case of partnership section 406 of the Penal Code has got no application has no force. Mr. Maqbul Ahmed in support of his contention that when there is existence..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......rs respectively of the accused No.1 company and the accused No.5 and 6 are the Managing Director of Bangladesh Ship Building Industries Ltd., the Dockyard and Managing Director thereof. 4. That on application of the accused No.1 the BSRS sanctioned a local currency loan of Tk.70.00 lacs on 31.3.8..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....would be ordered by the Executing Court. The learned Subordinate Judge there upon passed the following order No.5 dated 20.4.86:- "The Bangladesh Shipping Corporation files a petition along with a fresh power praying for time for depositing the decretal amount into the Court on the ground stated ...... being Money Execution Case No.3 of 1986 in accordance with the provisions of Rule 11(2) of Order 21 of the Code of Civil Procedure. 4. On 19,3,86 plaintiff-decree-holder stated, inter alia, in an application under Order 21, Rule 46 of the Civil Procedure Code that he obtained a decree ex parte a..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......l Haque, an Executive Engineer. The petitioner challenged this order of suspension and obtained the Rule Nisi on 27.11.86. 3. Petitioner's case against the order of suspension is that there was no application of mind before passing the impugned order. No opinion was formed as to the nature of pun..Category: Criminal Law | Date: | Hits: 74
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......ned pending before the learned Sessions Judge till 27.7.85 on which date the Sessions Judge transferred the case to the Additional Sessions Judge for trial. On 5.12.85 the accused-petitioner filed an application before the learned Additional Sessions Judge, Pabna stating inter alia, that the session..Category: Criminal Law | Date: | Hits: 24
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
.... decree for permanent injunction. 10. The appeal, is, accordingly, allowed and the judgment of the court of appeal below is set aside and the case is sent back to the learned Subordinate Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstance......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26...Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....any previous approval of the Divisional Commissioner and the order of the Additional Collector (Rev.) dated 12-7-57 cancelling previous order dated 22.6.55 and directing the plaintiff to apply afresh to the Divisional Commissioner and Ext. 8 dated 9.1.62 informing cancellation of the settlemen......he basis of the same any title accrued to the appellant in the disputed land. In "view of these facts and circumstances of the present case the decision relied upon by the learned Advocate has got no application in the instant case. 11. The learned Advocate for the appellant also relied on a deci..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
....ion of the detenu for 1 month from 26.5.87 the said period expired on 26.7.87 and after 26.7.87 there was no detention order but still the detenu was held under illegal detention until 10.8.87 when a fresh extension order was passed extending the detention from 26.7.87 thus giving retrospective effe......nd Memo No. 1428 Sha Ma Nira-1 dt. 19.2.87 Senior Asstt. Secretary, Ministry of Home Affairs and Memo No. 62/C dt. 26.1.87. District Magistrate, Comilla.) Judgment Amin Ur Rahman Khan J.- By an application under section 491 of the Code of Criminal Procedure the petitioner has challenged the de..Category: Criminal Law | Date: | Hits: 40
Zahirul Alam Vs. Manindra Nath Thakur, 1987, 16 CLC (HCD)
....nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ...... October 25, 1987. Lawyers Involved: M.L. Bhowmick - For the petitioner. Not Represented – the Opposite Party. Civil Order No. 1 249 of 1987 Judgment Latifur Rahman J. - In the application under section 115 of the Code of Civil Procedure, the defendant petitioner has challenge..Category: Procedural Law | Date: | Hits: 111
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......scellaneous appeal is directed against the judgment and order dated 19.4.84 passed by Mr. Ali Ashraf Khan Lodi, Subordinate Judge, 1st Court, Dhaka in Miscellaneous Case No. 239 of 1980 dismissing an application of the petitioner-appellant under Order 9, rule 13 of the Code of Civil Procedure. 2...Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....s evidence in the suit, we do not see how the plaintiff-petitioner is irrevocably damaged or prejudiced by the acceptance of the written statement. However, the plaintiff is free to re-examine P.W.1 afresh. 23. It has been held by the Indian Supreme Court in the case of Sangram Singh Vs Election ...... 28.11.83 for passing order. In the meantime, the defendant-opposite parties filed a written statement on 28.11.83 along with a show cause petition with a prayer to accept the written statement. This application was considered by the learned Subordinate Judge by his order dated 19.2.84. He described..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....deposit may be returned by the banking company: Provided that the depositor or, as the case may be, all the depositors together may cancel the said nomination in the prescribed manner and may give fresh nomination. (2) Where the nominated person under sub-section (1) is a minor, the said depos......intiff’s became co-sharers in the properties left behind by him and they as co-sharers inherited the properties left behind by late Nur Uddin Ahmed. After filing of the suit the plaintiffs filed an application under Order 39, rule 1 read with section 151 of the Code of Civil Procedure and prayed f..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......h AKM Asaduzzaman, Advocates—For the Petitioner. Zakir Ahmed with Md. Oziullah, Advocates—For the Respondent. Writ Petition No.1920 of 1995. Judgment Mainur Reza Chowdhury J.- On an application made under Article 102 of the Constitution by the petitioner Bashiruddin Ahmed a Rule Ni..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......rt for permission to deposit 50% of the decretal amount US Dollars which the trial Court refused and thereafter they preferred this appeal on 5-10-1996 and along with the memo of appeal they filed an application seeking permission to deposit the required 50% of the decretal amount in US Dollars that..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....detention of Shubhra illegal and directed the respondents to release the detenu. But it appears from the judgment that as soon as the detenu came out from jail gate, every time he was served with the fresh detention order and kept him in custody on the selfsame grounds and reasons. 17. Similarly,......-1999 in the Parliament, regarding judicial function of the Judges of the Supreme Court. 2. The present petitioner Md. Ataur Rahman Khan is a practicing Advocate of this Court. It is stated in the application that the petitioner feels it his responsibility to safeguard, protect and defend the sup..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......d in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed to show cause as to why appropriate legal action should not be taken against him. 2. In an application under Article 102(2)(i) of the Constitution of the People’s Republic of Bangladesh, th..Category: Criminal Law | Date: | Hits: 106
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ion before the District Judge and Election Tribunal, Pirojpur, and the Election Tribunal by the Judgment and order dated 19th May 1997, declared the election of respondent No.1 void with an order for fresh poll in Garghata Government Primary School polling centre and by the said order the tribunal m......izanur Rahman, Advocates- For the Appellant. Amir-ul-Islam with SS Halder, Probir Kumar Halder, Advocates— For the Respondents. FMA No. 144 of 1997. Judgment Md. Abdul Karim J. - This application on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....o that notice. In that notice cheque number was incorrectly typed and, as such, the complainant met the accused petitioner and then the accused petitioner asked the complainant to deposit the cheque afresh on 30-7-2000 but on that date also the cheque was dishonored when it was presented for encashm......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ...... Rezaul Karim, Advocate—For the Opposite Party. Civil Revision No. 434 of 1997. Judgment Amirul Kabir Chowdhury J. - This Rule at the instance of the plaintiff-petitioner arises out of an application under section 25 of the Small Causes Court Act, 1887 and is directed against the judgmen..Category: Tenancy Law | Date: | Hits: 148
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