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Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....ed to codone the delay without issuing any Rule or hearing the other side with an observation that the plaintiff ‑respondent may however put up any objection against the condonation of delay at the time of hearing of the appeal. The appeal was accordingly registered and numbered as First Appeal No......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....learned Advocate appearing on behalf of the petitioner, submits that the suit was for declaration and cancellation of the ex parte order passed in Misc. Case No.142 of 1970 and the suit is hopelessly time‑barred inasmuch as the opposite party‑government had full knowledge of the ex parte order d...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....cused‑petitioner. He can be tried very well under the appropriate sections namely, under sections 365/386/387 and 511 as well of the Penal Code but it is for the trial Court to decide. 9. At the time of issuance of the Rule, the petitioner was enlarged on ad‑interim bail subsequently it was e......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....ation all that the Court is to see is that if the Will in question is a genuine one and if the answer is in the affirmative then the Court is required to see if the testator had disposing mind at the time of execution of the Will. The legal position is that the profounder of a Will should prove, to ...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ts dealt dao blows to his deceased mothar and killed her Faruque (P.W.3) also told that hi& father, Abdul Barek went to the local bazar at about 9‑10 AM and came back home at 245 PM and at that time his mother (deceased) Monowara was lying dead at the door of the dwelling hut. At about 3‑00 ......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... parties. In the counter affidavit it was further stated that First Information Report named accused Gholam Rabbani was excluded from the charge sheet as he was under the treatment of a Doctor at the time of occurrence and ii this regard a medical report was kept in the case diary, that as many as f...... the Magistrate. But in the instant case we find that the Investigating Officer overstepped his power assuming that of the trial Court in putting the prosecution evidence and the defence alibi on the scale which is deninital the function of the trial Court. 9. In the facts and circumstances we ho..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....vision or authority of the Election Commission. 8. Rule 29 of the Union Parishad (Election) Rules, 1983 may be quoted in this connection which runs as follows: “Adjourned poll. (1) If, at any time, the poll at the polling station is interrupted or obstructed for reasons beyond the control of......s in the appropriate Form and forwarded the same in sealed bags to the Returning Officer. Duty of thee Returning Officer, unless he got report or information as to disruption of the election or large scale rigging in any Centre, is just to consolidate the results received from the Presiding Officers..Category: Election Law | Date: | Hits: 248
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....all the accused-persons under sections 302/34 of the Penal Code and sentenced them to life imprisonment and a fine of Taka 2,000.00 as aforesaid. Against that they preferred this appeal. 5. At the time of trial prosecution examined 17 witnesses including Investigating Officers and the Magistrate ......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f reversal. 11. The appellate Court has found that the defendant-appellant is an illiterate village woman and it has not been proved that she received independent and disinterested advice at the time of the execution of the alleged bainapatra in the suit. 12. The appellate Court has failed t......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....tion 6 of the Employment of Labour (Standing Orders) Act. 9. Section 6 of the Employment of Labour (Standing Order) Act runs as follows:— "6. Stoppage of work.- (1) The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery, or stoppage of power supply, epid......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....she is the daughter of Khadem through Khadem's second wife Korfulnessa and that defendant No.10 Khoaj Bibi alias Makhari is the daughter of Khadem through Khadem's 1st wife Soal Bibi. During the life time of Khadem he, on 28.2.1917 corresponding to 16th Falgoon, 1322 B.S., gifted by Heba-bil-Ewaj to...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....Trade Union, Ex-Officio Joint Director of Labour, Chittagong Division for approval of their changed nomenclature and constitution on the basis of a resolution dated 10.11.1987 and 8.4.1988. At that time the Karnafully Paper Mills Workers Union was the Collective Bargaining Agent (C.B.A.) of the ......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....cious) are the owners of the vessel, MV Daizu Maru, and he filed the certificate of registration dated 4th October, 1994, that they chartered the vessel to Trigonmar Group SA on 23rd July, 1996, on a time charter. He stated that they were not aware of the alleged supply of bunkers made by the plaint......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....14. In the impugned order no reason whatsoever has been recorded. Thus there has been gross violation of section 18 of the Arms Act. Section 26 of the Arms Act provides that the Government may at any time order or cause to be seized any arms, ammunition or military stores in the possession of any pe......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471...Category: Criminal Law | Date: | Hits: 132
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....sed petitioners committed no offence under sections 326 or 325 of the Penal Code their conviction and sentence are liable to be modified. It appears that the case started in the year 1985 and by this time 13 years passed considering this position lenient view is taken as regards the sentence. ......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....y if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching the service or non-service of the Summons. 10. (3) In lieu of or at the time of issuing such proclamation or at any time afterwards, the Court may in its discretion issue a......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...Category: Procedural Law | Date: | Hits: 137
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....e of the defendant and they lived together as husband and wife and the marriage was duly consummated. The defendant took a loan of Taka 12,000.00 from the father of the plaintiff. With the passage of time the defendant became more greedy and he started demanding dowry from the plaintiff which she wa......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....said Mr. Modi by his letter dated 23.3.89 asked for refund of Tk. 1,34,27,687.00 which was already deposited by him in pursuance of the negotiation; that thereafter BSRS invited tender for the second time for direct sale of the assets and properties of the Company under Article 34 of the BSRS order ...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ertion 'ADC (LA) M/s Sarwarjan Bhuiyan and others as noted in the heading portion of Annexures 'B(1)'. It further appears from the said de‑requisition notices that last paragraph regarding date and time of delivery of possession has been penned through. In Annexures V and "B(1)' also there is noth......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....‑30 AM on hearing the sound of breaking the kopat of the eastern door, his mother, he himself and deceased Abdul Aziz woke up from sleep and his mother raised the flame of the hurricane and at that time, accused Quddus (Appellant No.1) entered into the hut with a cheor (pointed weapon) and dealt a...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
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