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Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....rther submits that no notice or summons was served or received by the accused petitioner and no warrant of arrest and attachment of property was executed against the appellant and no proclamation was published giving notice to the appellant for the trial of the case and thus the accused was complete......s Rule has arisen out of an appeal filed under section 10 of the Criminal Law Amendment Act, 1958 for condonation of delay of 4132 days in filing the appeal which is directed against the judgment and order of conviction and sentence dated 17-1-1994 passed by the learned Divisional Special Judge, Chi......be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......ted in: 59 DLR (2007) 7. ..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......iddiqur Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instance of Alhaj Abul Kashem is directed against the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No.2, Dhak......y on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Abul Kashem……………………………………….Petitioner Vs. State…………………………………………………..Opposite Part..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....on, this ratio of 50% between the sponsors share and the public share, no transfer of sponsor share can be made to effect or alter this ratio. The learned Advocate has also referred to a notification published in the Bangladesh Gazette dated 7th October, 1984, wherein it has said: In exercise of the......te on 31-10-1993 to IFIC Bank Ltd. informing them of the agreement to sell the said shares to the petitioner and instructed them to deliver the shares to the petitioner on receipt of a banker’s pay order for Taka 44.00 lac from the petitioner. The petitioner handed over a pay order No. 0005838 dat......er section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......d in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....sh election had been held in these two centres on 10.4.88. The petitioner was declared elected as Chairman of the Union Parishad upon counting of the votes of all the five centres, and the result was published in the Extra Ordinary Gazettes on 29.5.88 on 2.7.88, under the order of the Chief electi......tioner. M.A. Mannan, Advocate — For the Opposite. Civil Revision No. 168 of 1988. Judgment AKM Sadeque J.- Can the Election Tribunal constituted under Ordinance 51 of 1983 issue an order of injunction either under Order 39, rule 1 or section 151 of the Civil Procedure Code? Th......le is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......Advocates— For the Appellants. A.B.M. Golam Majid Advocate— For the State. Criminal Appeal No. 230 of 1978 Judgment Muhammad Ansar Ali J.— This appeal arises out of the Judgment and order dated 31.8.78 passed in Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Judge,......to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......der section 302 of the Penal Code and sentencing him to transportation for life and Appellant No. 2 Babu @ Badaruddin Malitha under section 323 of the Penal Code and sentencing him to suffer R.I. for one year. 3. Briefly stated the prosecution case was that on 28.11.75 corresponding to the 11th A..Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......cted to be released from custody and set at liberty on the ground that he is being detained illegally. 2. It appears that Mr. Lasker Abu Kalam, Additional District Magistrate, Dhaka passed the order dated 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of ......ammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......ed in: 41 DLR (1989) 35...Category: Criminal Law | Date: | Hits: 29
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......e. Criminal Appeal No. 136 of 1987 with Jail Appeal No. 157 of 1988 Judgment Mohammad Ismailuddin Sarker J.—This appeal by the 3 accused-appellants are directed against the order of conviction and sentence passed by the learned Sessions Judge, Patuakhali convicting them un......oncerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......e Penal Code. 3. At the trial charge was framed under section 395/397 of the Penal Code against 10 accused-persons including the 3 appellants. The prosecution examined 9 witnesses and the defence none. 4. The learned Sessions Judge on consideration of the evidence on record convicted the 3 acc..Category: Criminal Law | Date: | Hits: 51
Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)
....lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......ocate — For the State. Criminal Appeal No. 413 of 1988 Judgment Mahmudul Amin Chowdhury J.- This appeal preferred under section 30 of the Special Powers Act, 1974 is directed against the order dated 1-11-88 passed by the Assistant Sessions Judge, 4th Court and Special Tribunal, Dhaka in......lant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30....... of 1987 under section 366A of the Penal Code read with section 4 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 in the aforesaid Court. 3. The prosecution case in short, is that one Abul Hossain lodged an ejahar at Gulshan P.S. on 3-8-88 alleging that his daughter aged about 14..Category: Criminal Law | Date: | Hits: 35
Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ......e No. 158 of 1982 in the Court of Addl. Sessions Judge, 1st Court, Sylhet.) Judgment Nurul Huque Bhuiyan J.—This appeal has been preferred by the appellant Siddik Ali against the judgment and order dated 31-5-83 passed by Mr. Ibrahim Ali, Additional Sessions Judge, 1st Court-in-Charge, Sylhe......set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ...... good behaviour. The accused have been falsely implicated in the case out of enmity. Before the learned Additional Sessions Judge, the prosecutions examined 12 witnesses and the defence examined none and after considering the facts, circumstances and evidence on record the learned Additional S..Category: Criminal Law | Date: | Hits: 30
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22....... 1. Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dhaka, rejecting the prayer of......to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22....... This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......e and accordingly sentenced him to death by hanging and found the remaining 3 accused-persons not guilty and as such acquitted them of the charge under section 302/34 Penal Code by his judgment and order dated 25-4-87. Thereafter, on the same day, the learned Additional Sessions Judge, Bogra mad......oner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
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.......esented — the Petitioner. Mostafa Kamal Pasha, Advocate — For the State. Criminal Revision No. 1 of 1987 Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of conviction and sentence passed under section 381 of the Penal Code. 2. The informant Naz......itioner 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....... Ed. This Case is also Reported in: 41 DLR (1989) 7...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. ...... Judgment A M Mahmudur Rahman J.- This Rule arises out of a Judgment, and Order dated 24.12.85 passed by the learned Sessions Judge, Chittagong in Criminal Appeal No. 122 of 1985 upholding the order of conviction and sentence passed by Magistrate, 1st Class (Upazila Magistrate) Banshkali Upaz......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. ......, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......witnesses under section 161 Cr.P.C. and then submitted charge-sheet against the accused appellant Khalilur Rahman and his mother accused Hazera Khatun under section 302/34 of the Penal Code. 3. By order dated 31.12.85 the learned Sessions Judge discharged accused Hazera Khatun, the mother of the ......m the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......eneral with A.K.M. Zahirul Huq and Md. Abdur Rahim Khan, Advocates — For the State. Md. Abdus Sobhan with S.M.A. Maleq and Syed Ataharuddin Ahmed, Anisur Rahman, Advocates- For the condemned prisoner. Death Reference No. 2 of 1988 With Criminal Appeal No. 90 of 1988 With Jail..Category: Criminal Law | Date: | Hits: 35
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.......rementioned tripartite contract the accused persons are clearly obliged to purchase new engines for the coaster. But instead of purchasing the new engines the accused with fraudulent intention and in order to deceive and mis-appropriate the fund disbursed to them by the BSRS and purchased old engine......lute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......urt High Court Division Dhaka Bench (Criminal) Present: ATM Afzal J Abdul Bari Sarker J 1. Shamsul Alam, 2. Anowarul Aziz, 3. Mrs. Mahabuba Hossian...................Petitioners. Vs. 1. A.F.R. Hassan, 2. The State 3. Kaswa Shipping Lines Ltd. 4. Shamsul Alam, 5. Ano..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....bdur Rashid & others reported in 1983 BLD (AD) 310 and submits that since the said Calcutta High Court Rules 46A-46H of Order 21 C.P.C. has not been incorporated in the Code of Civil Procedure as published by the Ministry of law and Parliamentary Affairs of the Government of Bangladesh in 1979 E......date of filing of the suit till realization of the decreetal dues. The defendants 1,2,4,5 and 6 were directed to pay the decreetal amount to the plaintiff within 90 days from the date of judgment and order dated 4.1.84. A Division Bench of the High Court to which I was a party in F.A. No.6 of 1984 (......of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......ndant-appellant Bangladesh Shipping Corporation is directed against Order No.9 date 22.5.86 passed by Mr. M. I. Hafiz, Subordinate Judge-in-Charge of Second Court of Subordinate Judge, Chittagong in Money Execution Case No. 3 of 1986. 2. Facts of the case are as follows:- Plaintiff decree-hold..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.......ple's Republic of Bangladesh, 1972. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against an office order dated 19.11.86 (Annexure B) passed by the respondent no. 2, the Vice-Chancellor and issued und......but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......Supreme Court High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mozammel Hoque J Md. Mahtab Hossain………………………….Petitioner Vs. Bangladesh University of Engineering & Technology, Ramna, Dhaka and others ….....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......., Deputy Attorney General- for the State. Criminal Revision No. 8 of 1986. Judgment Daliluddin Ahmed J.- This Rule was issued upon the Deputy Commissioner, Pabna to show cause as to why the order, dated 5.12,85, passed by Additional Sessions Judge, Pabna,in Session Case No.2 of 1985 should......k 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....... in: 40 DLR (1988) 29...Category: Criminal Law | Date: | Hits: 24
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....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.......ase, inter alia, is that they are the owners of the property described in the schedule to the plaint which consists of their homestead and a tank measuring 32.25 acre of land. On 12th August, 1948 in order to avoid creditors they executed kabala purporting to transfer the property in favour of defen......s I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......ned Subordinate Judge, 2nd Court, Chittagong in other Appeal No. 175 of 1966 reversing those dated 31.3.66 passed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 wa..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21....... Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint and also for a declaration that the order dated 3.10.1961 of the Board of Revenue cancelling the settlement of the said land was null an......10, 1986. Lawyers Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Co......hich was duly accepted and possession of the land was delivered to him and rent-roll was prepared in his name; that as the prior permission for settlement was not obtained from the Divisional Commissioner, Dhaka the Additional Collector (Rev.), Bakerganj refused sanction of the allotment and he file..Category: Property Law | Date: | Hits: 36