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Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....ively triable by the court of sessions. In the said case the Division Bench of this Court also held that the Magistrate is not merely a conduit pipe and it is the Magistrate who after considering the statements on oath of the complainant and witnesses can decide whether there is in his judgment any ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ered Head Office at Red Cross Chamber, 3rd floor, 87, Motijheel Commercial Area, Dhaka and the total share capital of that company is 124,00,000/=. The value of each share is Tk. 100/=. It is further stated that the complainant on the declaration of the company, offering sale of shares purchased 100......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
...., Joypurhat, in Misc. Appeal No.9 of 1984 affirming the Judgment and order dated 28.2.83 passed by Munsif, Joypurhat, in Misc. Case No.144 of 1978. 2. Facts giving rise to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the case land by a registered de......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ..Category: Property Law | Date: | Hits: 81
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....rt, sent the dead body to the Sadar Hospital for postmortem examination and seized the alamats. In course of investigation the ASI out of suspicion arrested appellant No.1 Md. Akhtar Hossain who made statement before the police and the public. The said accused also made confessional statement before......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..Category: Criminal Law | Date: | Hits: 110
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....nment of Andra Pradesh, AIR 1964 S.C.1372; Ekushey Television Ltd. and another Vs. Dr. Chowdhury Mahmood Hasan and others, 55 DLR (AD) 26; Lt. Col. Nawabzada Muhammad Amir Khan Vs. The Controller of Estate Duty, Government of Pakistan, Karachi and another, PLD 1962 SC 335; Zulfikar Ali Bhutto Vs. Th......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....of 1984 arising out of GR Case No.171 of 1978 of Magura PS Case No.11 dated 23.8.1978 pending in the court of Divisional Special Judge, Khulna Division, Khulna was stayed. 2. The facts of the case stated, in short, are as follows: On 23.8.1978 at about 16.35 hours, one S. Jamal Hossain, Genera...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... also deprecated the action of the Subordinate Judge in rejecting the pre‑emption petition summarily on an application filed by the pre‑emptee under Order 7 rule 11 of the CPC. From what has been stated above I hold that the learned Assistant Judge by his impugned order committed no error of law...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....rayer for condonation of delay in filing a revisional application under section 115 of the Code of Civil Procedure. 2. Facts relevant for disposal of the Rule are not in dispute and may be shortly stated. An application for pre‑emption under section 96 of the State Acquisition and Tenancy Act f......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....II)(e) of the said Regulations, 1981 and as such the order of dismissal was without any legal authority. Hence the suit. 3. The defendant‑respondents contested the suit by filing a joint written statements denying the averments made in the plaint and contending, inter alia, that the suit was no......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ant papers. On 3.3.2010, the petitioner appeared before the enquiry officer with the main volume of Nikah Register and other relevant papers. The petitioner was not given any opportunity to given any statement or he was allowed to ask any question about the allegation. 3. Respondent No.2, Deputy ......both the birth certificates of Sharmin Sultana (Sathi) and Tanjina Sultana and found that both the brides were under aged on the date of solemnized of their marriages. 15. Such being the state of affairs, we find that the licence of the petitioner was cancelled in accordance with law. Moreover, ..Category: Civil Law | Date: | Hits: 128
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....d a report in its issue dated 8th Shrabon, 1415 B.S. On 24.7.2008 the respondent No.5 made its reaction in the press which was published in the “Naya Diganto” in its issue dated 24.7.2008. It was stated therein on behalf of the respondent No.5 that they did not exceed the limit of investment ove......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....m qualified and intending persons to fill up the posts of the Chairman and the Members of the BERC. 5. In the supplementary Affidavit dated 29-9-2010 filed on behalf of the petitioner, it has been stated that the Ministry of Power, Energy and Mineral Resources published an employment notice in ......and that section provides that the pay and allowances etc of Members and employees shall be paid and all other expenditures of the BERC shall be borne out of this Fund and this being the state of affairs, it necessity follows that the Chairman of the BERC (responded No.2) is not in the service..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
.... a Government servant (performing any function in connection with the affairs of the Republic) but as a private person interested in sports who voluntarily agreed to be an Arbitrator. 5. It may be stated here for removal of confusion that short title of the Bangladesh Sports Council Act, 1974 was......fficacious remedy is provided by law, on the application of any person aggrieved, make an order declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and ..Category: Constitutional Law | Date: | Hits: 165
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....ehalf of the appellant Alfazuddin Ahmed, submits that the prosecution by adducing evidence failed to prove that this appellant Alfaz has created any false document for his own gain and such being the state of affairs he cannot be held guilty of the charge levelled against him. He also submits that t......the appellant Alfazuddin Ahmed, submits that the prosecution by adducing evidence failed to prove that this appellant Alfaz has created any false document for his own gain and such being the state of affairs he cannot be held guilty of the charge levelled against him. He also submits that the confes..Category: Criminal Law | Date: | Hits: 84
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....e land of Eshaque and destroyed standing paddy and caused a loss of Taka 200/‑ to him. 4. The defence of the accused was that no occurrence took place in the manner at the time and in the way as stated by the complainant and the complainant has, out of enmity, started the present case only to h......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77...Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....Procedure to be impleaded as plaintiffs in the said suit. The prayer was allowed. The plaintiffs assert that the land in question originally belonged to Baraura Tea Company Ltd. within Rashidpur Tea Estate. The plaintiff No.1 took lease for the year 1360 BS on annual rental thereof. Plaintiffs asser......rs the writing or signature of a person as has been deposed to by the witness who proves the said document. The question as to whether the document is a genuine one or it represents the true state of affairs is a question of fact which is to be decided by the Court concerned in the light of the fact..Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....District Engineer (Education) for inspection of the affairs of the said school. The team after enquiry and inspection on 15.1.87 sent to the Director General respondent No.4 a report which included a statement on the existing teachers and staff, showing, amongst others, the petitioner as Assistant T......dent No.4, sent a team comprising of the Principal of Rajbari Government College, Rajbari, District Education Officer (Respondent No.5) and Rajbari District Engineer (Education) for inspection of the affairs of the said school. The team after enquiry and inspection on 15.1.87 sent to the Director Ge..Category: Employment/Service Law | Date: | Hits: 82
Category: Employment/Service Law | Date: | Hits: 155