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Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
.... of the suits in which the questioned decrees were passed: Provided that, where such amount exceeds the value of land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest." 13. The present suit is a suit for setting aside the ex par......ive ex parte decree passed against them on 27.8.79 in Title Suit No.436 of 1973 of the First Court of Munsif, Kushtia. The case of the plaintiff-petitioners in short is that they purchased the suit land from one Hindu Bashini Saha, defendant opposite party No.6 by two different Kabalas in 1973 and...... Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......t is clear that the said order was not at all appealable, but the appeal was wrongly filed by the defendant/opposite parties and entertained by the learned Subordinate Judge. It may be true that this question of maintainability of the appeal was not specifically raised in the Appellate Court below..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......investigation and on collection of the evidences under section 161 CrPC it was found that the accused appellant the deceased victim as his 2nd wife under some special circumstances on giving her some land by way of Heba. But the appellant started demanding dowry from the victim woman and to meet suc......ith the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ...... were seriously injured for the assault on the body of the victim and that is why about 300 CC of blood accumulated in her chest cavity. So the injuries as found are not in fact simple in nature. Now question is whether this kind of injuries could cause the death of the victim woman. According to Mr..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....ment Board within Police Station, Rani Shankail, which was disposed of on 26‑9‑1938 (para 2 of the plaint). In that case said Sukmon Singh and Girish Chandra relinquished their claim of right and possession upon the suit holding including suit land in favour of Darika Nath, father of the plainti......Judgment and decree dated 24.5.86 passed in OC Suit 345 of 1981 by the Subordinate Judge, Thakurgaon, decreeing the suit for declaration of title brought by the petitioner. 2. Admittedly, the suit land along with other lands belonged to Ghosal Sing and Chandra Singh each having 8 annas share. Gho...... Altafur Rahman, Advocate ‑ For the Opposite Parties. Civil Revision No.556 of 1988 (Rangpur) Civil Revision No.7765 of 1991 (Dhaka) Judgment Abu Sayeed Ahammed J.- Rule was issued against the Judgment and decree dated 27.8.88 passed by the District Judge, Thakurgaon in OC Appeal 23 ....... On appeal by the defendant, the appellate Court has dismissed on the suit. I have gone through the Judgments of the Courts below and heard the learned Counsels at a reasonable length. The pertinent question in this suit is that whether actually before the Debt Settlement Board said Girish Chandra ..Category: Property Law | Date: | Hits: 123
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....e of any investigation, inquiry, trial or other proceedings under this code by or before such Court or officer, such Court may issue summons or such officer a written order, to the persons in whose possession or power such document or thing is believed to be requiring him to attend and produce it,......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......rt at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......engali month within the expiry of the month for which it was due as per an oral agreement. The defendants did not pay rent regularly. They paid rent for 2/3 months at a time in spite of demand by the landlord. The rent since Baisakh, 1391 B.S. was in arrear. The defendants were habitual defaulters. ......hers .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning & Co. (Bangla-desk) Ltd. Vs. M/s. Nasirabad Properties Ltd. 40...... sum payments of rent. What is, however, important to notice about such payments is that while granting receipts for them the plaintiff respondent took care in giving such receipts month wise. A question is, do the facts constitute an evidence of a contract between the parties waiving the right..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......oceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ...... and the principle laid down in the above quoted decisions it is clear and undisputed that the Special Tribunal has the power and jurisdiction to exercise such power of taking cognizance. But the question is when and how the Special Tribunal will exercise his power and whether he is permitted to..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......nt of dues or breach of any condition of the agreement. For the above reasons, the hearing of a grievance under Article 33 cannot be tagged with any other proceeding under the ordinary law of the land. Additionally, it was found that the subject matter of both the proceedings were the same. So...... Judgment June 29, 1989. Result: The Rule is discharged. Cases Referred to- Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (A.D.) 70. Lawyers Involved: Asrarul Hossain, Advocate-For the Petitioner. Tofazzal Islam with Shamsul Hoque Siddiqui, Advocates- For the......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......ed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......ct all criminal cases for administration of criminal justice and as such no specific order is also necessary on behalf of the Government for revival of any case. 5. Since, this Rule involves the question of revival of a case under section 339D of the Code, we will see whether the Public Prose..Category: Procedural Law | Date: | Hits: 143
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....ded accused-Delwar and they made a search on his body and recovered a 0.32 bore revolver loaded with 2 round bullets. On query the accused-Delwar failed to give any satisfactory explanation as to his possession of the said arms. The informant party arrested accused-Delwar and in presence of witness ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......f Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......try and, as such, it is not unlikely that a witness will hesitate to tell the truth for fear of his life." 28. We are fully agreed with the said principle of law enunciated in the said cases. Now, question is how far these are applicable in the facts and circumstances of the present case. Each ca..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......d officers of the Armed Forces and mere allegation against this petitioner has been alleged that on the unanimous recommendation of the committee, she approved the proposal to purchase the Frigate in question. In the relevant portion of the charge sheet it has been categorically stated as follows: ..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......n Feroz Bakht & 58 others, 20 DLR (SC) 79; Express Newspapers LD Vs. Labour Court, Madras, AIR 1964 (SC) 806. Lawyers Involved: Abdus Samad, Advocate ‑ For the Petitioners. AKM Asaduzzainan, Advocate ‑ For the Opposite Party. Civil Revision No.1406 of 1990. Judgment Syed Am......dary Education, Rajshahi; that prior to joining in the Rajshahi Girls High School he was serving as an Assistant Teacher of another Girls' High School since 14 years and that his conduct was not ever questioned; that after joining in the aforesaid post, the concerned authority after being impressed ..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ...... and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one appears. Civil Revision No.1293 of 1996. Judgment SM Emdadul J.- The Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 4-11-1995 passed......child. 3. The defendant petitioner, contested the suit by filing written statement denying all the material allegations made in the plaint and the case of the defendant is that, the plaintiff is a questionable woman and she had illicit connection with his nephew Zahidul Hoque, who was a staff of ..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......tish Airways on 25‑2‑92. Mr. Tonny took her to a hotel at Banani on 25‑5‑92 and asked her to take some packets for Mr. Walter. She stated in her 164 statement that when she was asked to put a question to Mr. Tonny saying, was it drug Mr. Tonny stated her, no, these are something else and she..Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....or's village home. In course of cross-examination, he admitted that in 1994, a road towards the western side and a bridge towards the southern side were constructed. He admitted that bharatias are in possession of the shops. He, however, stated that the bharatias came after 28th March but he failed ...... Box and Abdul Malek Mollah are owners of the case holding in equal shares. There was an amicable partition between the said co-sharers. By an amicable partition Abdul Malek Mollah got 13 decimals of land of the case holding who died leaving wife, a son and two daughters. On the death of Abdul Mal......ajority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......ws of the trial Court on the reasonings that it had the advantage to see the demeanour of the witnesses and disposed of the issues in a slip-shod manner without reversing the findings. 6. The moot question is whether the High Court Division is justified in disturbing the findings of fact arrived ..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......the Arbitration Council shall (a) Pay immediately the entire amount of dower whether prompt or deferred due to existing wife or wives, which amount, if not so paid, shell be re-coverable a arrears of land Revenue (b) on conviction upon complaint be punishable with simple imprisonment which may exten......he is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181...Category: Family Law | Date: | Hits: 193
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......vices were terminated under the instruction of the higher authority. The termination order being termination simplicities and not a punitive one, the impugned order of termination cannot be called in question in the Civil Court. It was his farther contention that as the plaintiffs did not seek relie..Category: Labour and Industrial Law | Date: | Hits: 186
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......ion is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......t for condonation of delay on the ground that the petitioner is a poor rick shaw-puller and due to his pecuniary difficulties he could not file the appeal within time before this Court. 2. Now the question for our determination is whether the provisions of section 5 of the Limitation Act has an..Category: Limitation Law | Date: | Hits: 222
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......ning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......itioner did not enclose any list of unani medicine with recipes. Did he furnish the list of medicines later? Did Drug Control Committee recommend registration of those medicines? These are unanswered question in this writ petition and the Ministry of Health will do well to investigate the entire pro..
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....children and that 5/6 days prior to the occurrence he disclosed his plan to accused Abul Hossain and Habibur Rahman of Bagdia and informed them that Biraja and her children were to be murdered to get possession of the property of Shanshanka. Accused Abul Hossain agreed and demanded Taka 30,000.00 bu......is two batteries torch and found 10/12 persons focussing their torches in the courtyard of Biroja. Apprehending that those persons might be dacoits, he did not raise cry loudly and went to his Kakrul land to the contiguous north and saw 20/25 persons forcibly taking away Biraja and her 5 children. H...... Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......abib from whom accused Momin took them 2 days thereafter. The evidence of P.W.12, who is a disinterested witness, proves the complicity of accused Momin in the preparation for committing the crime in question. 38. P.W.13 Sharan Bashfor is a sweeper. He stated that the Daroga took him and 5 oth..Category: Criminal Law | Date: | Hits: 139
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......he petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......es of NKI and 60 piece of LN Key screws given to him for repairing a machine of the said mills. But it appears from the inquiry report that he returned some spare parts after repairing the machine in question. Defence of the petitioner before the inquiry committee was that he made over remaining spa..Category: Labour and Industrial Law | Date: | Hits: 183
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