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Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......d shock as a result of the throat injuries which was ante mortem and homicidal in nature. PW 4 is a seizure list witness who has proved the seizure of a blood‑stained blanket, a blood‑stained bed sheet and some blood‑stained pieces of glass from the room No. 211 of the hotel by the investigati..

Category: Criminal Law | Date: | Hits: 128

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....pt, for, ''its usefulness depends on the wisdom and restraint with which it is exercised". It appears to us to be desirable, when considering whether a particular act amounts to a contempt or not, to balance on the one hand the effects it might have on the litigation with, on the other, the wider pu......ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 83

Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)

....cree which in fact will be calculated from the date of the filing of the suit till realisation. In the counter affidavit it has also been stated that the defendant No.1 Bank has already deposited the balance amount of interest of Tk. 76,361.25 paisa from the date of filing of the suit vide pay order......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..

Category: Procedural Law | Date: | Hits: 74

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......possess the seized gold bars. The seized goods were deposited in the godown of the Customs. On receipt of the F.I.R. the Police investigated the case and after completion of the same submitted charge-sheet under section 156(8) of the Customs Act read with sections 16 and 25B of the Special Powers Ac..

Category: Criminal Law | Date: | Hits: 87

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....hy Rules, 1972 without any show cause and without any valid grounds and hence the plaintiff prayed for temporary injunction on the ground that the plaintiff has a good prima facie case. Moreover, the balance of convenience and inconvenience are in favour of the plaintiff‑petitioner and that the pe......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..

Category: Property Law | Date: | Hits: 62

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

....pplied the same and the appellant acknowledged the receipt of the materials. The appellant used to make part payment of bills while taking delivery of the goods and assured payment of the outstanding balance. The respondent 1 entered the amounts towards payment in the books of account for every deli...... such order filed an application under section 151 CPC stating somewhat similar facts. 4. Syed Ishtiaque Ahmed and Mr. Rafique-ul Huq argued at length and took us through the impugned order, order sheet of the Court below, different applications filed by both the parties. In support of their cont..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....or injunction as to how the plaintiffs or for that matter any member of the Bar shall suffer irreparable loss if the injunction was not granted nor there is any finding in the impugned order that the balance of convenience was in favour of the plaintiffs making them entitled to get an order of injun......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...

Category: Civil Law | Date: | Hits: 74

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....was not present. Neither the defendant No. 1 nor the committee was aware of the final measurement. On 31‑12‑91 the work was completed. After deduction of the income tax and the money received the balance out of the estimated cost of Taka 11,00,000 was due to the plaintiff. As there was no final ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..

Category: Civil Law | Date: | Hits: 99

Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)

....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......e Ltd. Dhaka at a price less than the Government fixed rate by passing the decision taken in 61st meeting of the board of trustee. The Bureau of Anti‑Corruption after investigation submitted charge sheet on 21‑7‑2002 under sections 409/420/109 of the Penal Code read with section 5(2) of the An..

Category: Criminal Law | Date: | Hits: 93

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

.... the U.N. Convention provides that "Each State shall take such measures as may be necessary to establish or maintain, in accordance with its legal system and constitutional principles, an appropriate balance between any immunities or jurisdictional privileges accorded to public officials for the per......িবর্তে কমিশনের নিকট স্বপ্রনোদিত তথ্য প্রকাশে ইচ্ছুক।” Which categorically shows that even after charge-sheet submitted by the police or investigating authority, that is before framing charge, he will be ..

Category: Constitutional Law | Date: | Hits: 264

Babul Vs. State, 2002, 31 CLC (HCD)

....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ...... as PW 6 who performed Investigation partially, PW 2 Zafor Ali Khan was seizure list witness witnessing search and seizure, PW 3 and 4 were Police Constables. PW 7 Sub-Inspector of Police laid charge-sheet against convict-appellant. 9. Defence put forward from convict­-appellant as demonstrated ..

Category: Criminal Law | Date: | Hits: 84

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....1,70,68,501 as 65% margin of the price while the plaintiffs Taka 91,90,730. On 28‑5­-85 and 29‑5‑85 the bank transferred Taka 1,93,19,000 to their said account. Plaintiffs had already a credit balance of Taka 1,44,87,474 in their account. But on 28‑5‑85 and 29‑5‑85 the bank debited Ta......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ..

Category: Civil Law | Date: | Hits: 92

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ing 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 defaulted in the payment of the balance in spite of repeated demands. They were therefore, not entitled to any injunction for preven......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...

Category: Civil Law | Date: | Hits: 71

Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)

....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......olice Station, who lodged a first information report with the Officer-in-Charge, Barguna Police Station to that effect on the same date. 3. Police, on completion of investigation, submitted charge sheet under section 19(f) of the Arms Act against the accused appellant. 4. The accused appellant..

Category: Criminal Law | Date: | Hits: 78

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

.... 11‑2‑92 he received the permission. But two days thereafter he died. Then, on 25‑4‑02 the plaintiffs requested the defendants to execute and register necessary sale deed after receipt of the balance of the consideration but they refused. Then, the plaintiffs instituted the suit. 10. As s......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

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

.... such person may, instead of depositing as aforesaid the entire amount of the penalty, deposit only fifty per cent thereof and furnish a bank Guarantee from a schedule bank for the due payment of the balance: Provided further that where, in any particular case, the appellate authority is of the o...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ecifically stated that accused Abdur Razzaque had committed rape on her against her will causing injuries on the private parts of her body. 3. The police after usual investigation submitted charge-sheet against accused-appellant Abdur Razzaque under section 6(1) of the Nari‑o-­Shishu Nirjatan ..

Category: Criminal Law | Date: | Hits: 94

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......s placed under a charge of misconduct for certain vague and indefinite allegations and he was discharged from service by order dated 7‑7-1993 by the petitioner-company without giving him any charge-sheet, without affording him any opportunity to defend his case, without holding any inquiry and wit..

Category: Employment/Service Law | Date: | Hits: 122

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......s not named in the FIR and no case has been stated against him in the F.I.R. 4. That a Deputy Director of the ACC, took up investigation and having found a Prima facie case he has submitted Charge sheet No. 535/Cha dated 20.09.2007, under section 409/109 of the Penal Code, 1860 and section 5(2) o..

Category: Administrative Law | Date: | Hits: 173

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......r offering his immovable property measuring 7½ Khathas of land with three storied residential building situated thereon under Khatian No. 135 (New) and C.S. Khatian No. 14774 and C.S plot No. 28 in sheet No. 49 as described in the schedule 'B' of the plaint as security of the said Bank Guarantee; ..

Category: Procedural Law | Date: | Hits: 107