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Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......eogi, Advocates - For the Petitioner.  Akram Hossain Chowdhury, Deputy Attorney-General - For the Respondents. Writ Petition No.3586 of 2008. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nis..

Category: Others | Date: | Hits: 127

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ...... of 2001 thereby granting to share of the appli­cants and opposite party No.1 as per Muslim Law of inheritance in respect of money of the deceased Sheikh Sharif Ahmed including schedule 'Gha' to the application i.e. provident fund of the deceased. 2. The respondents filed the application under s..

Category: Civil Law | Date: | Hits: 136

Sohel Monir Vs. State, 1996, 25 CLC (HCD)

....f accused appellant Sohel Monir he stated that he produced co‑accused Sajid before Court on 11‑9‑91 and took him on remand on that very day for 7 days and kept him up to 16th and on 16th he got fresh remand for 2 days and on 19‑9‑91 he forwarded him to Magistrate for recording confession a......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. ......n 28‑8‑1976. Though the trial Court observed that plaintiffs paid ad valorem Court‑fees with a prayer for establishment of title in the Judgment it does not appear from the record that any such application was filed at any time for amending the prayer of the plaint. But the learned Advocate fo..

Category: Property Law | Date: | Hits: 97

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......me Court in the case of Mezanur Rahman and others Vs. State reported in 16 BLD (AD) (1996) 293 wherein it has been held that when any of the confessing accused do not retract his confession either by application from jail or by directly filing such application in the Court at any time no grievance o..

Category: Criminal Law | Date: | Hits: 131

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....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. ......ns including the present petitioner. Being aggrieved by the aforesaid order of the Sessions Judge dated 7‑4‑97 framing charge against her the High Court Division was moved with present revisional application under sections 439/435 Cr.P.C. and the Rule obtained. 4. The legality of the impugned..

Category: Criminal Law | Date: | Hits: 107

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anoth­er, 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. ......Metropolitan Magistrate, Dhaka taking cognizance of the alleged offence against the accused and the proceeding is now pending for hearing regarding framing of the charge. 5. The accused filed this application under section 561A of the Code of Criminal Procedure for quashment of the aforesaid proc..

Category: Criminal Law | Date: | Hits: 108

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

....pondents or any body else by way of unlawful gain will have to be repaid to the Company. A determination of the extent of such unlawful gain and the cor­responding repayment shall form a part of the fresh audit exercise as above directed. With regard to the agreement dated 14.9.2007 the parties are......cation under Section 233 of the Companies Act, 1994 (hereinafter referred to as "the Act"). The facts of the case and the issues arising in relation to the same, and as discernible from a plethora of applications and affidavits on behalf of both the Petitioners and the Respondents, pertain to claims..

Category: Company Law | Date: | Hits: 177

Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)

....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ...... reported in BCR 2006 (HCD) 36. 20. As it appears the petitioner having got the impugned order passed by the Director General of River Research Institute dismiss­ing him from the service filed an application to the Board of Governors by way of appeal against that order but the Board of Governors..

Category: Employment/Service Law | Date: | Hits: 166

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....should not be stretched morbidly to embrace every hunch and decree of doubt. The concept that hundred guilty man may escape but one innocent person may not suffer. Now-a-days requires legal scrutiny afresh in as much as course of justice cannot be made sterile and defected on the plea. If guilty per......ility. It is true to say with viscount simonus that "miscarriage of justice" may arise from the acquittal of the guilty on less that the conviction of the inno­cent. 35. It is a Rule of universal application that conviction should not be awarded without the proof of clear, cogent, credible or un..

Category: Criminal Law | Date: | Hits: 108

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......€‘Petitioner. Gour Gopal Saha, Advocate ‑ For the Defendant‑Opposite Party No.1. Civil Revision No.65 of 1989. Judgment Muhammad Ansar Ali J.- This Rule was issued in pursuance of the application under section 115(1) of the Code of Civil Procedure of the plaintiff petitioner upon the..

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....30 of 1980 reversing the Judgment and decree dated 20‑11‑80 passed by the learned Munsif, 3rd Court, Narail in Title Suit No.611 of 1978 and sending the suit back on remand to the trial Court for fresh hearing and disposal in the light of observations made in the body of the impugned Judgment. ......and 527n3‑74 before the CO (Dev) for setting aside the auction sale but the CO (Dev) rejected the same on the ground of non‑appearance of the plaintiff. Whereupon the plaintiff filed a revisional application before the ADC (Rev) who heard the Miscellaneous cases analogously and passed order for ..

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. ......ery of loss amounting to US Dollar 2,160,879.72 on account of non‑payment of the amount. Thus the total claim of the plaintiff stood at US Dollar 9,810,011.48. 3. Defendant‑petitioner filed an application under Order 7 rule 11 read with section 151 of the Code of Civil Procedure praying for r..

Category: Civil Law | Date: | Hits: 119

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. ......n Maritime Co. (1) Ltd………………………Petitioner Vs. Royal Boskalis Westminster NV and others………………………Respondents Judgment August 17, 2009. Result: The application is rejected. Cases Referred to- Unicol Bangladesh Vs. Maxwell Engineering Works Li..

Category: Alternative Dispute Resolution | Date: | Hits: 632

Dr. Md. Abul Kalam and another Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once. Zinat Ara J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ...... execution by filing Artha Jari Case No.281 of 2005 before the Artha Rin Adalat, 3rd Court, Dhaka. 3. During the pendency of the said execu­tion case the decree-holder-Bank on 20.11.2005 filed an application under section 34(1) of the Ain, 2003 for issuance of warrant of arrest against the judgm..

Category: Civil Law | Date: | Hits: 127

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......Additional District Judge, Second Court, Narayangonj, who by the judgment and decree dated 22.01.2006 dismissed the appeal. 8. Feeling aggrieved the defendants as petitioners preferred the instant application and obtained the present Rule. 9. Mr. A.H.M. Rahmatullah, the learned Advocate appear..

Category: Civil Law | Date: | Hits: 181

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 neces­sary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......e state.   Moinuddin, Advocate-For the Informant.      Criminal Miscellaneous Case No. 24031 of 2010. Judgment AKM Abdul Hakim J.- The Rule was issued on an application under Section 561A of the Code of Criminal Procedure calling upon the opposite party to ..

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. ......the said appellate judgment and decree, the defendant petitioners obtained the present rule. 7. Mr. A. B. M. Matiur Rahman, the learned Advocate appearing for the petitioners placed the revisional application, the deposition of the P.Ws and D.Ws, the impugned judgments and decrees passed by the C..

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. ......ner.         None appears- For the Respondents.     Writ Petition No.2973 of 2009. Judgment Mohammad Anwarul Haque J. - On an application, under Article 102(2)(ii) of the Constitution of the People's Republic of Bangladesh thi..

Category: Civil Law | Date: | Hits: 186

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......ty in the benami of defendant No.1 is claiming owner­ship of the suit property at the behest of her father and brother hence the plaintiff-appellant filed the suit. 4. The defendant No.1 filed an application under Order 7 Rule 11(d) of the Code of Civil Procedure for rejection of the plaint cont..

Category: Property Law | Date: | Hits: 134