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Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n when an accused having absconded and is to be tried and convicted in his absence the court could apply its coercive power for compelling him to attend even by selling his moveable and immovable properties after proper publication made for his presence and surrender as provided under sections......te-For the State. Criminal Revision No.425 of 1986. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under sections 435/439(1) of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Netrokona, date......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..Category: Procedural Law | Date: | Hits: 122
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....ined in charge of three fertilizer godowns of Tanore Police Station at Mundurnala from 19‑2-73 to 13‑5‑75 and thereafter he made over the charge of the said godowns with the fertilizers after proper physical verification to acquitted accused Abdur Reja Chowdhury on 14‑5‑75 and the physic......or the Appellant. A Q Rashid Ahmed, Advocate-For the State. Criminal Appeal No. 4007 of 1991. Judgment Mahmudul Amin Chowdhury J. - This appeal is directed against the order of conviction and sentence passed by the learned Divisional Special Judge. Additional Court, Rajshahi Division, Ra......oresaid. The convict then preferred this appeal. 3. Mr. Mansur Habib, the learned Advocate appearing on behalf of the appellant, at the very outset submitted that the trial Court committed gross illegality in placing reliance on the evidence recorded by the Summary Martial Law Court without adopt..Category: Criminal Law | Date: | Hits: 98
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....b), the Court, after notice and giving the parties hearing may decide the matter; (d) In deciding the matter the Court may pass such order including orders regarding cost, as it may deem, just and proper and it may, in appropriate case, require, by such order, the reinstatements of the complaint ...... Hoque J Amirul Kabir J Crescent Jute Mills Company Ltd. represented by the General Manager (formerly Dty. General Manager)...........................Petitioner Vs. Chairman, Labour Court and another.........................Respondent Judgment November 14, 1996. Result: The R...... show cause as to why judgment and order dated 30‑1‑1988 passed by the Labour Court, in Misc. Case No. 19 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Mr. Khalilur Rahman, learned Advocate for the petitioner after placing the impug..Category: Labour and Industrial Law | Date: | Hits: 177
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....interpreted in the facts and circumstance of a case, to mean right to accommodation without which human life cannot be protected. But that does not mean do one who is a mere trespasser in the land or property of another person is entitled to continue in such unauthorized occupation as his eviction t......Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Gias Uddin............................Petitioner Vs. Dhaka Municipal Corporation and others...............Respondents Judgment November 21, 1996. Result: The Rule is dis......the instance of the petitioner Giasuddin calling upon the respondents to show cause as to why purported attempt to evict the petitioner and all actions pursuant thereto should not be declared to be illegal and without lawful authority and why a direction shall not be given to respondent Nos.1 to 7 a..Category: Constitutional Law | Date: | Hits: 369
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
.... officer. In reply the learned Assistant Attorney‑General has submitted that being a child of four years and four months at the time of the occurrence, the investigating officer did not consider it proper to record the statement of Fatema Begum (P.W.6) under section 161 CrPC and also did not show ......espondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another, 25 DLR 41; Abdas Sabhon......ecomes admissible. It is, however, desirable that the Court should make an endorsement about its satisfaction in the order‑sheet, in the deposition sheet or in the body of the judgment. There is no legal compulsion that the Court must ask preliminary questions to test the capacity of a witness to ..Category: Procedural Law | Date: | Hits: 94
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
.... counter affidavit has not specifically given any cause as regards this delay in the arrest of the petitioner as well as in lodging the FIR. The explanation given cannot be prima facie construed as a proper explanation in such a case. It seems to us that the search party took the matter very lightly......should not be enlarged on bail. 2. The short fact leading to this Rule is that, petitioner Mrs. Jobaida Rashid has been residing in House No.7 of Road No.55, Gulshan, Dhaka along with her children and husband Khondaker Abdur Rashid and also with domestic employees and servants. It is also the cas......d fire‑arms and also some ammunition but they found 85 rounds of excess ammunition. It is also submitted that the fire-arms and the ammunition belonging to the husband of the petitioner have been illegally kept in the house when he is an absconder. It is submitted that such fire‑arms and ammunit..Category: Criminal Law | Date: | Hits: 89
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....came their possessions. But with the dawn of civilization the need for the protection of the weak became necessary and formulation of codes of conduct was devised in order to protect one's person and property from the onslaught of the stronger. 21. With the advent of civilization the science of j......orted in: 57 DLR (HCD) (2005) 201. ...... other's to show cause as to why the circular vide Memo No. Poura 1/M‑02/2002/1133 dated 23‑9‑2002 (Annexure B), should not be declared to have been issued without lawful authority and is of no legal effect. 3. The Facts: It is stated in the petition that election of the Corporation was hel..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....ant are that, the opposite party No.1 and the opposite party Nos. 32 and 33 being plaintiffs instituted the aforesaid title suit No.149 of 1993 for partition to the extent of 10-2/7 pies share in the property measuring an area of 0.58 acre appertaining to CS Khatian No.250 of Mouza Nishindara under ......is Case is also Reported in: 51 DLR (HCD) (1999) 441. ......the sole plaintiff having had relinquished her claim in the suit property, for proper adjudication of the suit, transposition of the petitioners into the category of the plaintiffs in essentially and legally required since the plaintiff is collusion with defendant Nos.13-16 filed a compromise petiti..Category: Civil Law | Date: | Hits: 154
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......Advocates — For the Petitioner. None appears — For the Opposite Parties. Criminal Revision No. 1640 of 1993. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Additional Sessions Judge, 1st Court, Tangail in Criminal Appeal No.......on under section 439 of the Code of Criminal Procedure. 3. Tamizuddin, the learned Advocate who appeared on behalf of the petitioner, has submitted that the appellate Court enhanced the sentence illegally and, as such, he argued that the order of enhancement of sentence passed by the appellate Co..Category: Criminal Law | Date: | Hits: 96
Category: Immigration and Citizenship Law | Date: | Hits: 178
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....88, Biazid Bostami Industrial Area, Chittagong was taken over by the Government in his absence and the same was handed over to Sena Kalyan Sangstha, that is, defendant No.4-appellant and the schedule property of plaintiff respondent No.1 was put into with the occupation of the defendant Nos.2 and 3 ......Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004......f deposed in the instant suit that he left Dhaka for Hajj in January 1971 but in Other Suit No.139 of 1982 he had stated that he left Dhaka for Hajj on November 25, 1971 and the High Court Division illegally relied on the statement made in the previous suit." 7. Khandkar Mahbubuddin Ahmed with Mr..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....ry of the machinary despite order of stay granted by this Court on 5-11‑97 passed in Writ Petition No.3285 of 1996 or such other or further order or orders passed as to this Court may seem and proper.” 2. The short facts relevant for the purpose of disposal of the Rule are that, th......utomatic Rice Mills Ltd……………………………………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents Judgment July 21, 2002. Result: The......s the rule requires the BSRS to issue a sale certificate when the full sale price of the mortgaged property has been deposited under rule 8. In this state of affairs on 30‑11‑2000 BSRS sought for legal opinion from its adviser Mr. AKM Nazrul Islam, Barrister‑at‑Law, Senior Advocate of the Su..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....the trend of cross-examination of the prosecution witnesses, is that all the accused persons are quite innocent and that the informant has falsely implicated them in this case with intent to grab the property of the deceased Hanif Sarker and that the confessional statements have been obtained from t......ion (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 20 of 2008). Rokeya Begum &......st to which he stood as a witness. He exhibited the seizure list as Ext. 3 and his signature therein as Ext. 3/1. Later on he came to learn from the newspaper that accused Nazma Sarker @ Beauty had illegal love affairs with Kamal for which she killed Hanif Sarker which accused Nazma Sarker @ Beauty ..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....llowing additional evidence, was issued upon the opposite parties to show cause why the same should not be set aside or such other or further order or orders passed as to this Court may seem' fit and proper. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows...... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The Rule ......to give judgment in this case. The learned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate Judge and Commercial Cou..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
....o organise, hold and conduct a fresh election in the disputed centre, namely No.13 Tetoya Government Primary School centre or such or further orders or orders passed as to this Court may seem fit and proper." 2. In this case election of Chairman of Cox's Bazar Sadar Upazila was held on 18.3.19......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Selim Ullah Bahadur .........Petitioner Vs. The Election Commission and others .....................Respondents Judgment May 24, 1990. Result: ...... name of the respondent No.2 was published in the Official Gazette on 25.4.1990. 4. Mr. Amirul Islam, learned Advocate for the petitioner, submitted that the Chief Election Commissioner acted illegally in the exercise of jurisdiction vested in it refusing to order repolling at the disputed cen..Category: Election Law | Date: | Hits: 177
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......4 DLR (HCD) (1992) 295. ......ntentional aiding and active complicity is the gist of the offence of abetment committed by the accused, otherwise charge for abetment must fail. 37. The learned Judge has committed a serious illegality in drawing adverse presumption against the accused‑appellants on the ground that since lo..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....e possible to furnish to the detenu for public interest or security of the State. Therefore, such discretion of the authority cannot be weighed as indefinite or insufficient for the purpose of making proper representation to the authority. The grounds which form the basis of satisfaction when formul......fizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Resul......igate into the charges, if any, against any member of the past Government and if any charges are found to be true, law will take its own course. The detention of the detenu is not only unlawful and illegal, but also mala fide and against all good conscience and democratic norms and it was done for c..Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
....‘khula’ under the aforesaid provision of section 2 (ix) of the said Act. 33. Here in the present case the Courts below totally failed to consider the case of Mrs. Sheerin Alam Chowdhury in its proper perspective, inasmuch as, she wanted a dissolution of marriage through ‘khula’ and the Co......nal Jurisdiction) Present: Kazi AT Manowaruddin J Sheerin Alam Chowdhury............Petitioner Vs. Captain Shamsul Alam Chowdhury.................Opposite Party (In Criminal Nos. 3451 and 3474 of 1992) Captain Shamsul Alam Chowdhury................Petitioner Vs. Sheerin Ala......92 and 604 of 1993. Judgment Kazi AT Manowaruddin J.- These 3 Rules arising out of a single Judgment have been heard together and shall be disposed of by this Judgment. 2. The propriety and legality of the impugned Judgment have been seriously called in question by the petitioner as well a..Category: Family Law | Date: | Hits: 265
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
.... his two daughters. For this purpose he entrusted the defendants and his sons-in-law to help him in this matter and went to Laxmipur Sub-Registry Officers where the defendants in orders to grab his properties fraudulently and collusively created a deed of Ewaj on 21.11.83 and got it registered a...... Vs. Mst. Shafia Khatun & others...........................Opposite Parties Judgment April 13, 1989. Result: The Rule is made absolute. Cases Referred to- Nittala Achayya and others Vs. Nittala Yellamma and others, AIR 1923 (Mad) 109; Chellamma Rao Bahadur and another ......decessor-in-interest of the opposite party instituted Title Suit No.553 of 1984 against the petitioners in the 1st Court of Munsif at Bhola for a declaration that the deed of Ewaz dated 2.11.83 was illegal, inoperative, null and void and not binding upon him. The suit was contested by the defendan..Category: Property Law | Date: | Hits: 136
Category: Business or Commercial Law | Date: | Hits: 325