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Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......t Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Md. Nurussafa…………………………Petitioner Vs. State and another……………………Opposite-Parties Judgment January 4, 2012. Result: Th......ing before the 3rd Court of the Special Judge, Dhaka should not be quashed so far as it relates to the petitioner and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. At the time of issuance of the Rule on 26-8-2008, all further proceedings of the Speci......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ..Category: Criminal Law | Date: | Hits: 99
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......ase is also Reported in: 16 MLR (HCD) (2011) 457. ......by the learned Judge of the Artha Rin Adalat-4, Dhaka in Miscellaneous Case No.17 of 2009 should not be set aside and or such other or further order or orders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of possesÂsion of t......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ...... Court Division (Civil Appellate Jurisdiction) Present: AHM Shamsuddin Chowdhury J Md. Delwar Hossain J Md. Shahab Uddin Chowdhury.......................Petitioner Vs. Bangladesh and others..................................Respondents Shahab Uddin Chowdhury………………â......Annexure-B) should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other order or further order or orders as to this Court may seem fit and proper. 3. In Writ Petition No.6235 of 2009 on another application under Article 102 of the Const......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....rder passed in this case stands vacated. Let a copy of this Judgment and Order be transÂmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......sion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul Hoque J Golam Mahbub (Md.)……………………………. Accused-Petitioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011. Result: ......6 and 420 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. And pending hearing of the Rule, all further proceedings of Complaint Case No.7404 of 2008 d......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transÂmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ...... Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hye J AKM Fayekuzzaman………………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. ......, High Court 's power under section 439 of the Code of Criminal Procedure is very view. It can revise the order passed by the interior CrimiÂnal Court in exercise of its revisional jurisdiction in a proper case. High Court , in proper cases, can interÂfere with question of fact wrongly decided by ......DLR (AD) 64 = 1997 BLD (AD) 123]. 24. The object of this section is to confer a kind of paternal or supervisory jurisdiction to corÂrect flagrant miscarriage of justice in matters comÂing up for adjudication before a Criminal Court . The main question the High Court has to consider in revision ..Category: Criminal Law | Date: | Hits: 99
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
.... were examined on behalf of the prosecution and defence adduced none. 6. The defence case of the accused‑appellant Sohel Monir, as it appears from the trend of cross‑examination is, that he is completely innocent and had no knowledge about the alleged incident and that he did not go to the ai......……Appellant Vs. State………………………………Opposite Party Judgment December 1, 1996. Result: The appeal is allowed. Cases Referred to- Amir Hossain Howlader and ors. Vs. State, 37 DLR (AD) 139; Abdus Shukur Vs. State, 16 DLR 148; 12 DLR (SC) 156. Lawyers......using scotch tape. Each of those packet was found to have contained 8 gold bars of 10 tolas each. In total 160 gold bars of 1600 tolas worth Taka 1,28,00,000.00 were recovered and were seized under a proper seizure list. This passenger co‑accused Sajid Hossain could not show any paper to justify t......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......ditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......‘11‑77 in course of hearing argument of the suit in the Court. Plaintiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the suit property was wrong and that they purchased in the benami of another person. 3. Suit was contested...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ..Category: Property Law | Date: | Hits: 97
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
.... construed so as to include a statement made by one conspirator in the absence of the other with reference to the past acts, done in the actual course of carrying out the conspiracy after it has been completed. But it would be a very difficult matter to hold that any narrative or statement or confes...... June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997) 11; AKM Mohinus Sakh and others Vs. State, 45 DLR 386; 17 BLD (AD) 54. Lawyers Involved: Mahbubur Rahman with Farah......or producing her before the CMM for the purpose of retracting her confession and the CMM ordered that she could send the retraction petition through jail authority, but the CMM ordered for giving her proper treatment and medicine which was also denied by the jail authority. However, on a prayer made......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..Category: Criminal Law | Date: | Hits: 107
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anothÂer, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ...... Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Nazrul Islam Mollah alias Nazrul Islam Mollah…………………Accused-Petitioner Vs. The State and anothÂer……………………Opposite Parties Judgment August 3, 2009. Result: T......o.32 dated 30.03.2007, now pending in the Court of the Chief Metropolitan Magistrate, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts giving rise to this Rule, briefly, be put thus:- 3. One Talukder A. Razzak, b......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....oners submit that these revised audit reports for the accounting years ending on 30.6.2003, 30.6.2004 and 30.6.2005 (Annexures-'8'7 '8-1' and '8-2' respectively of the Affidavit-in-Opposition) are at complete variance with the Audit Reports for those years, and as above referred, filed with the Resp......Division (Statutory Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Aktar Hossain, Son of late M.A. Hakim Hawlader, Director of Capital Tower (Pvt.) Ltd. 11, Purana Paltan, Dhaka and others…………………………….Petitioners Vs. Capital Tower (Pvt.) Ltd. At prese......or grounds: A. Misappropriation of Funds; B. The failure to hold Annual General Meetings (AGMs) for the years 2006 and 2007; and C. Bypassing the Board of Directors (BOD) in dealing with the property of the Company. These have led the Petitioners to pray for a fairly extensive set of rel......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..Category: Company Law | Date: | Hits: 177
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....e set at liberty forthÂwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......t Vs. The State……………………………………Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumpÂtion in the administration of the criminal law and justice delivery system is the...... 302 of the penal code. 13. In the face of argument advanced by the learned Advocates of the contending parÂties, we are now called upon to scrutinize the material evidence on record to come to a proper decision in this appeal. 14. P.W.1, Acham mondal is the informÂant who is the father of t......e set at liberty forthÂwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
.... that insofar as the facts stated in my report are within my own knowledge I have made clear which they are and I believe them to be true, and that the opinions I have expressed represent my true and complete professional opinion." P.W.13 is the Investigation Officer who stated that he has invest......or the Accused-Appellant. No one appeared - For the Respondent. Jail Appeal No.102 of 2004. Judgment Abdus Salam Mamun J.- This Jail appeal has been directed against the impugned Judgment and order of conviction and sentence dated 30th September 2003, passed by the Acid Aparadh Daman Tri......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....of the defendant No.1 challenging the status of the plaintiff as Nika Registrar and at that stage, the learned Advocate for the plaintiff‑petitioner thought it wise and necessary for the proper and complete adjudication of the suit and in the interest of justice, to file an application on 14‑12â...... in:48 DLR (HCD) (1996) 372. ......ter setting aside the order dated 24‑12‑85 passed by the Munsif, First Court, Tangail in Other Class Suit No.117 of 1985 or such other or further order or orders as to this Court may seem fit and proper. At the time of the issuance of the Rule all further proceedings of the aforesaid suit were s......fendant No.1 challenging the status of the plaintiff as Nika Registrar and at that stage, the learned Advocate for the plaintiff‑petitioner thought it wise and necessary for the proper and complete adjudication of the suit and in the interest of justice, to file an application on 14‑12‑85 pray..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....riting. It can be established by cogent and satisfactory evidence of conduct of the parties and user of the property which show the extinction of the private secular character of the property and its complete dedication to charity (Ref. 11 DLR 377). In such circumstances the learned Munsif should no...... Sree Sree Ram Krishna Dev & ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11 DLR 377; Tarangini Debi Vs. Govinde Mal......he defendant Nos.1‑3 in collusion with the employees of defendant No.5 the Government of the People’s Republic of Bangladesh in order to make an illegal gain of the said land, which is a Debottar property, managed to start a certificate proceeding being No.201‑A/69‑70 against the dead person......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......sion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Eastern Bank Limited……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Resu......e Artha Rin Adalat is triable by a Civil Court having jurisdiction in the matter. In such circumstances Artha Rin Adalat ought to have returned the plaint to the plaintiff for presentation before the proper Court. In the result, the Rule is made absolute without any order as to cost. Impugned or......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......s at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ...... not sufficient to prove that the sarees were Indian sarees. He has also argued that no sarees were recovered from appellant No.2 and, as such, arrest of convict‑appellant No.2 Nazrul Islam was not proper and legal. 4. Perused the Judgment and the evidence on record. I have already noticed that......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......urt Division (Statutory Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Crown Maritime Co. (1) Ltd………………………Petitioner Vs. Royal Boskalis Westminster NV and others………………………Respondents Judgment August 17, 2009. Result: The ......y be some force in Mr. Huq's contention that both the parties are located abroad and have no reason to submit to the jurisdiction of this Court. Mr. Kamal submits that this contention would have been proper but for the fact that the subject matter of dispute between the parties, i.e., the Goods in q......an adequate relief, nevertheless, there may be instance, as in the present case, where an order of injunction may still be necessary to preserve the subject matter of dispute for proper and effective adjudication of the matter. In the absence of an injunction, the subject matter of the dispute shall..Category: Alternative Dispute Resolution | Date: | Hits: 632
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necesÂsary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......er Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- Nazurl Islam Vs. The State, 13 MLR (AD) 157 and 184; Ali Akkas Vs. Enayet Hossain and othÂers, 17 ELD (AD) 44; Abdul Quader Chowdhury and other....../406/506 of the Penal Code, now pending in the Metropolitan Magistrate, Court No.11, Dhaka, should not be quashed and or pass such other or furÂther order or orders as to this Court may seem fit and proper. 2. The relevant facts for the purpose of disposal of the rule may be briefly stated as fo......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necesÂsary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ...... This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......g those dated 30.03.1986 passed by the learned Munsif, Gaziur in Title Suit No. 620 of 1981 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The Predecessor of the opposite parties No......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......s Case is also Reported in: 16 MLR (HCD) (2011) 213. ......Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of this Rule is as fo......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
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