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Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473; ILR 13 (Allahabad) 30; 8 DLR 307. Lawyers Involved: Rais Uddin Ahmed, Advocate - For the Petitioner. AY Masihuzzaman, Advocate - For the Opposite Party No.1. Civil Revis......e same was put into execution on 21-1-1998 by the opposite party No.1 through ExecuÂtion case No.2 of 1998 as the opposite party No.1 did not comply with the term of the decree within the stipulated time. The opposite party No.1 filed an application to draw contempt proceeding against the Chairman,......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......heet against the accused persons. The defence is that the accused persons are innocent and in no way connected with the alleged occurrence. The further defence is that no occurrence took place at the time, place and in the manner as alleged by the prosecution and that deceased Waliullah was a notori......local people caught hold of Waliullah from his village at Ragunadpur and dragged him towards Darbesherhat where he was severely assaulted and left in a critical condition. The evidence also shows the recovery of the dead body by the police at a place near Darbesherhat south of Sujatpur High School. ......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
.... and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BLT 150. Lawyers Involved: Abdul Quayum with Md. Ismail and JBM Hassan, Advocates — For the Petitioner Momtazuddin Ahmed, Advocate — For the Opposite Parties. Civil Re......hat no appeal was taken. The same defendants filed the Settlement case No.154 of 1981-82 again for cancelling the said settlement of the suit land made to the plaintiffs on the allegation that at the time of their previous objection the settlement to the plaintiff was not complete and, as such, the ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....nths more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......the Penal Code and sentenced him to imprisonment for life with fine and acquitted the other accused persons. 3. At the trial P.W.10 Jalal Molla and P.W.11 Abdul Majid Molla who were injured at the time of occurrence as stated in the First Information Report did not support the prosecution case. B......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....ublic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Altaf Hossain Khan, Deputy Attorney General with FKM Ahsan Mahbub...... notice dated 2-9-87 (Annexure-H) and the notice dated 24-10-87 (Annexure-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain status-quo in respect of poss...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426....... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....oner. Not Represented —For the Opposite party. Civil Revision No.37 of 1990. Judgment Md. Joynul Abedin J.- This Rule obtained by the plaintiff-petitioner is directed against the order dated 17-10-1989 passed by the Assistant Judge in Title Suit No.159 of 1984 accepting the additional ......ts made or the facts sought to be introduced at a belated stage by way of additional written statement was already there available or not. Such facts or statements which were already available at the time when written statement was filed and the defendant was aware of that but failed to incorporate ......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420...Category: Procedural Law | Date: | Hits: 148
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
..............Petitioner Vs. Waziullah………...........Opposite Party Judgment July 8, 1998. Result: The Rule is discharged. Cases Referred to- Purvada Satyanarayan Amurthy Vs. Gadeppalli Sundara Rao, AIR 1938 (Madras) 603. Lawyers Involved: ......w that since the decree holder petitioner accepted the cost, so he cannot attack the court’s order for setting aside the ex-parte decree as the petitioner cannot approbate and reprobate at the same time. It further appears that the learned Assistant Judge set aside the impugned order for ends of j......e Suit No.4 of 1995 should not be set aside. 2. The petitioner as plaintiff instituted Title Suit No.4 of 1994 in the Court of Senior Assistant Judge Sadar, Comilla for declaration of title and recovery of Khas possession alleging, inter alia, that the opposite party who is a tenant under him ......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
....ourt
High Court Division
(Civil)
Present:
Md. Abdul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal......y, an agreement was executed by the defendant on 30-7-79 on receipt of taka one lac as earnest money with the stipulation that the balance amount (amounting to Taka 11,00,000.00) would be paid at the time of execution and registration of the sale deed by the defendant after obtaining income tax clea......sfer of immovable property, which is the case before us.
9. Mr. Farooqui has further referred to the case of Sobharadri Vs. Parthasarathi reported in AIR 1932 Madras 583 where a suit was filed for recovery of compensation for fraudulent representation of the defendant at the time of the contract.......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
.... Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......it on 17.9.80 being O.C. Suit No.305 of 1980 in the Court of the learned Subordinate Judge, Bogra for declaration of their title in the suit land and the same was valued at Taka 10,500/- only. At the time of the institution of the suit, the Court of the learned Munsifs, now Assistant Judges had pecu......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....Election Commission Sher-e-Bangla Nagar, Dhaka & Others...............Respondents Judgment April 30, 1989. Result: The Rule is discharged. Lawyers Involved: Rafiqur Rahman, Advocate - For the Petitioner. S.S. Haider, Advocate - For Respondent No.6. Writ Petition No. 488 o......f five years has elapsed since his release;" 5. The Local Government (Union Parishads) Ordinance, 1983, under which the present election was held, was promulgated on the 12th September, 1983, at a time when the country was under Martial Law. The Chief Martial Law Administrator promulÂgated the s......r all the above reasons we find no ground for interference. 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) 484.......r all the above reasons we find no ground for interference. 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) 484...Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....minal Revisional Jurisdiction) Present: Fazle Hussain MohamÂmad Habibur Rahman J Mahmudul Amin Chowdhury J Anwar Hossain Maji (Md.) & others.............Petitioners Vs. The State………………………………………………..Opposite Party Judgment October 26......he said order dated 14.3.88 passed by the Upazila Magistrate is a nullity. On the prayer of Investigating Officer the Sessions Judge in Misc. case No.90 of 1987 by his order dated 14.3.88 exÂtended time for investigation for further period of seven days from 10.2.88 Mr. Omar Ali, OC, BhederÂganj ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
.... Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 DLR (SC) 78. Lawyers Involved: M. Fazlul Karim, with Mustafa Kamal Pasha, Advocate—For the Petitioners. AKM Abdul Hakim, Advocate—For the OpÂposite Party. Civil Revisio......the judgÂment of the trial Court as in the DP Khatian Ext. A series the land was recorded in the name of the defenÂdants-petitioners. It was also contended by him that Kamaluddin was a minor at the time of the purchase of the disputed land and he was a benamdar and had no right to transfer" the en......ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408...Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
.... dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......tement that Abdur Rahman Sikder out of his free will voluntarily bequeathed the heba propÂerty by valid offer and acceptance followed by valid delivery of possession. She states that during the life time of her husband she was exercising the right of possession over the heba property and subsequent......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....leased from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ...... when he was taken to the eastern side of his house he gave a cry. The informant further stated that the accused persons came to the place of occurrence after 2/3 minutes after their arrival. At that time the victim Hakim Sikder asked the witness to arrest his sons, but out of fear they did not arre......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....ourt Division (Criminal Revisional Jurisdiction) Present: BB Roy Choudhury J Muhammad Ansar Ali J Shahidulla @ Md. Shahidulla & others........Accused-Petitioners Vs. The State………….................Opposite Party Judgment August 30, 1988. Result: The Rul......e also injured Jalil in his neck; that acÂcused Joynal Abedin gave blow on the chest of the informant. Besides accused Hamid, Bulu, Rahman, Sarafat and Afzal also took part in the occurrence. At the time of occurrence Abdul Quader, Abbas Ali and others were present and they saw the occurrence. Henc......he satisfaction of the Deputy Commissioner, Dinajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......he satisfaction of the Deputy Commissioner, Dinajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...Category: Criminal Law | Date: | Hits: 74
....Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
...... amicable arÂrangement; that by such continued possession of the entire suit land for over 20 years a good title accrued to Dinesh; that Dinesh was very much a citizen of the country at the relevant time and as such his propÂerty could not be vested property and that the plainÂtiff being a bonafi......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
..
Category: Administrative Law | Date: | Hits: 488
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....an—For the Opposite Party No.3. Civil Revision No.353 of 1984. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against an order dated 21.5.84 passed by Mr. Shamsunnahar Begum, 6th Munsif, Dhaka in Miscellaneous Case No.105 of 198......birkar of the suit was ill on the date of hearing. He sent a medical certificate to his learned Advocate on the date of hearing but the learned Advocate could not file the petition for adjournment in time and so the suit was dismissed for default at 11 AM. 3. The defendant-petitioners filed a wri......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391...Category: Procedural Law | Date: | Hits: 107
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....urt Division (Jessore Bench) (Civil Revisional Jurisdiction) Present: Md. Mozammel Hoque J Ujjal Hossain (minor) & Others.............................Petitioners Vs. Firoja Khatun & Others.........................Opposite Parties Judgment March 8, 1989. Result: ......setting aside abatement. The defendants, on the other hand, filed an apÂplication for recording an order of abatement as heirs of deceased plaintiff No.2 were not substituted withÂin the prescribed time. After hearing all these three applications the learned Munsif passed an order on 10.12.86 reje......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...Category: Property Law | Date: | Hits: 98
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....) (Criminal Revisional Jurisdiction) Present: Fazle Hussain MohamÂmad Habibur Rahman J Daliluddin Ahmed J Fazlul Hoque & Others.............................Petitioners Vs. State....................................Opposite Party Judgment March 14, 1989. Result: ......ders passed as to this Court may seem fit and proper. 2. In this case informant Md. Yunus Ali lodged F.I.R. on 20.11.87 at Trishal P.S. alleging, inter alia, that on 20.11.87 at about Esha prayer time while he was gossiping in the shop of his cousin Md. Ansar Ali near the Trishal Bus Stand, some......n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...Category: Procedural Law | Date: | Hits: 113
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Saju Hosein……………………Petitioner Vs. Press Appellate Board, represented by it’s Chairman, Mr. Justice B.K. Das, Bangladesh Press Council of House N......d become a nullity for non-application for a long period. 3. The petitioner suggested two names: the Daily Ittehad and the Daily Deshkal but expressed preference for the Daily Ittehad for some sentimental reasons because late Mr. Tafazzal Hossain Manik Miah, the progenitor of the petitioner’s ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
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