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Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....esent: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J Humayuun@ Humayun Bepari…………………Appellant Vs. The State………………………………………………Opposite party Judgment March 7, 2011. Result: The appeal is dismissed. Lawyers Involved: N......34/93 dated 29.12.1993 was started. Thereafter, the formal F.I.R. was lodged on receipt of the Post Mortem Report of the deceased which resulted the delay in lodging the F.I.R. 3. On completion of investigation of the case the Police submitted charge sheet under Section 302/34 of the Penal Code a..

Category: Criminal Law | Date: | Hits: 112

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

.... charge against the appellants beyond all reasonable doubts. 16. He finally submits that the case was initiated, continued and concluded after 1/11 (11.01.2007) i.e. during Emergency, when certain part of the Constitution including the provisions of enforcement and protection of fundamental right......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..

Category: Criminal Law | Date: | Hits: 108

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

....d odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of all materials shot up, resulting in the corresponding increase in the la...... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Abu Taleb Vs. State, 1988, 17 CLC (HCD)

....ssengers and snatched away the wrist watch and other belongings of the complainant and passengers. The dacoits were wearing lungis, shirts and punjabis, cheddar and two of them covered their head and part of their faces with chaddar. After looting away wrist watches and belongings of the passengers ......after the complainant lodged F.I.R. on 17.3.80 with Sirajgonj Kamarkhand Police Station and a case under sections 395/397 was started against the accused appellants and others. 3. The Police after investigation submitted charge sheet against the accused persons under sec­tions 395/397 of the Pen..

Category: Criminal Law | Date: | Hits: 84

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....248, 3890 and 3891 to defendant Nos.7 and 8 for a consideration of Taka 220/- and they executed an agreement on receipt of Taka 100/- and put them in possession of the land. It was agreed between the parties that Sarada and Kumud Ranjan DC would execute and register kabalas in favour of the defendan......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...

Category: Property Law | Date: | Hits: 66

Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)

....he Returning Officer. His fur­ther case is that in the orderly fresh poll held on 10.4.88, in pursuance of Annexure 'C, he polled 1291 votes out of 1346 voles. Moreover the peti­tioner himself also participated in the fresh poll held on 10.4.88. But he having been defeated by consider­able margin......rdingly, the Rule is discharged without, howev­er, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ..

Category: Election Law | Date: | Hits: 161

Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

....vision has noticed that section 133 of the Pourashava Ordinance, 1977 requires the Govern­ment to conduct an enquiry into the affairs of Pourashavas and the power of enquiry has to be exercised in a particular manner. It is only upon the conclusion of such enquiry that the Government has to form an...... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210...

Category: Civil Law | Date: | Hits: 87

Sekendar Miah, Director, BISIC, Dhaka & others Vs. Chairman, 1st Labour Court, Dhaka & another, 1989, 18 CLC (HCD)

....r Court, Dhaka in Criminal Case No. 24 of 1983 (Annexure C) should not be de­clared to have been made without any lawful authori­ty and to be of no legal effect. 2. The respondent No. 2 as first party instituted Complaint Case No. 43 of 1982 in the First Labour Court, Dhaka against the Project ......pugned order is, therefore, without jurisdiction. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 203. ..

Category: Labour and Industrial Law | Date: | Hits: 192

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....Rule issued at the instance of a defendant is directed against the order passed on 22.5.88 by the Assistant Judge, Patuakhali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah in­stituted the above mentioned suit on 5.4.88 praying for a declar......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..

Category: Election Law | Date: | Hits: 207

Begum Lutfunnessa Vs. The Government of Bangla­desh represented by the Secre­tary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

.... said property through three of her sons Habibuzzaman, Rashiduzzaman and Sinku Akramuzzaman who have jointly set up an office for their various businesses in the said house and have also been us­ing part of it in storing equipments and other mer­chandise connected with their businesses. The peti­......he misinformation that these properties might belong to Mr. Wahiduzzaman, husband of the petitioner. In view of the order of attachment the pe­titioner had to vacate the said house and thereafter an investigation was made at the instance of the peti­tioner with regard to the right, title, interest..

Category: Property Law | Date: | Hits: 171

Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)

....K.M. Ishtiaque Hossain, Subordinate Judge, 3rd Court/Dhaka in Title Suit No.14 of 1980 rejecting the defendant-petitioner's prayer for amendment of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit for specific performance of contract of sale against the petitioner a......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..

Category: Property Law | Date: | Hits: 58

Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....aulla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 (Peshawar) 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Peti­tioner. Hemayetuddin Ahmed, Advocate - For Opposite party Nos.1 and 4. Civil Revision No. 84 of 1988. Judgment DM Ansaruddin Ahmed J.- This Rul......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ..

Category: Election Law | Date: | Hits: 152

AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)

....'s mother had appointed care taker Ab­dul Kalam to look after that property. He had been residing therein in, a cottage constructed by the mother of the petitioner. Mr. Shah Alam who is the opposite party in this petition and who is a local Municipal Commissioner is an influenced man in the localit......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dha­ka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..

Category: Criminal Law | Date: | Hits: 77

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

....dants Railway not to interfere With the catering services of the plaintiff when by their own admission the plaintiff himself has been thrown out of the Buffet car and Restaurant car of the Railway compartment prior to the filing of the suit itself and the Court erred in law in not considering that t...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..

Category: Civil Law | Date: | Hits: 72

Kabir and others Vs. State, 1991, 20 CLC (HCD)

.... way connected with the commission of the alleged dacoity. The Sessions Judge has based conviction of the appellants solely on the so called confession of co‑accused Shahid Hossain alias Shafi and apart from the said confession there is no other evidence on record to connect the appellants in the ......pt of the First Information Report lodged by P.W.1 Moklesur Rahman, the police started the case, came to the place of occurrence, seized the alamats, prepared seizure‑lists and on completion of the investigation submitted charge‑sheet on 8.12.88 against all the 8 accused persons including the ap..

Category: Criminal Law | Date: | Hits: 76

Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)

....talk about purchase of any ration paddy. 4. P.W.4, Syed Abdul Rashid, son of Syed Golam Rahman of Chitalmari police station is the informant of this case. His deposition has already been stated in part while describing the prosecution case. He did not mention the name of the appellant in the F.I.......arted. S.I. Matiur Rahman took up the inves­tigation. He visited the place of occurrence and seized some alamats and examined some witnesses and then on his transfer S.I. Mujibur Rahman looks up the investigation and after completion of the same submitted charge sheet against accused Shah Alam and ..

Category: Criminal Law | Date: | Hits: 74

Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)

....Title Suit No.212 of 1971. 2. The plaintiff-petitioner instituted the suit on 27.10.71 in the Court of the learned Subordinate Judge against Hara Mohan Das, predecessor-in-interest of the opposite parties for specific performance of a contract in respect of some landed properties situated in Bari......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ..

Category: Procedural Law | Date: | Hits: 65

Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....lla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 Peshawar, 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Peti­tioner. Hemayetuddin Ahmed, Advocate - For Oppo­site party Nos.1 and 4. Civil Revision No.84 of 1988. Judgment DM Ansaruddin Ahmed J.- This Rule......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..

Category: Election Law | Date: | Hits: 206

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....wers Act, 1974 in view of the clear provisions of Section 491 Cr.P.C.( as well as under Article 102 of the Constitution) it is the duty of this Court to hear the matter giving opportunity to both the parties to make their written and oral submissions and pro­nounce its decision as early as possible......isions of the Customs Act and For­eign Exchange Regulations. With the permission of the Chief Metropolitan Magistrate, Dhaka the detenu was kept in police custody upto 2.7.88 for interroga­tion and investigation. The Chief Metropolitan Magistrate rejected the prayer of the detenu for bail on 7.7.8..

Category: Criminal Law | Date: | Hits: 108

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....s in proceedings under special law and thirdly, some appeals lie to the sessions judge. The convicts have been deprived of access to justice for no fault of their own but because of the laches on the part of the jail authorities. These convicts being less privileged prisoners, they were entitled to ......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...

Category: Criminal Law | Date: | Hits: 73