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Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....me for trial in accordance with section 339C of the Code of Criminal Procedure had expired on 25.2.91 and prayed for stopping the trial and releasing the accused. The learned Sessions Judge heard the parties and examined the account of working days submitted by the bench clerk and found that the cas......t amendment. In support of his submission he has drawn our attention to section 6(d) and (e) of the General Clauses Act. Section 6(e) of the General Clauses Act runs as follows: "6. (e) affect any investigation, legal proceeding or remedy in respect of any suck right, privilege, obligation, liabi..Category: Criminal Law | Date: | Hits: 58
....asis of a registered deed of lease executed and registered on 1.2.63 by the aforesaid lessee and the erstwhile Government of East Pakistan. The lessee, Md. Moinuddin, paid the premium of the lease in part and got possession in the disputed house. He also paid rent of the disputed house. After some t......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
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Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
.....6.65 that the following penalties could be imposed by the Corporation for misconduct‑ (a) postponement or stoppage of increment; (b) recovery from the pay and security deposits the whole or part of any pecuniary loss caused to the Corporation by his negligence; (c) suspension; (d) di......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598...Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....mand in police custody for 2 days. 9. On 24.6.93 an application on behalf of the accused petitioner was filed in the case for bail and also cancellation of the order of remand and upon hearing the parties, the Chief Metropolitan Magistrate, Dhaka rejected the prayer for bail but cancelled, the or......e leader of an armed terrorist group being in possession of arms as the group had committed terrorist activities in the city including Dhaka University Campus and created a reign of terror and during investigation it transpired that the accused was seen with other accused before the occurrence and f..Category: Criminal Law | Date: | Hits: 87
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....‑mortem examination over the dead body of deceased Rozina Khatun and he found one haematoma on the middle of the right parietal region measuring about 2" circumference, one bruise on the anterotral part of the left parietal region measuring 1‑½" x 1" and on dissection he found one linear fractu......it was found that Rozina Khatun was murdered and the death was not a case of suicide but it was homicide. Thereafter the officer‑in‑charge of the police station himself lodged the FIR and took up investigation of the case and on completion of the same submitted charge sheet. This appellant was t..Category: Criminal Law | Date: | Hits: 66
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....rate was entered from a previous sale receipt by forgery. The alleged transaction with the complainant was in course of bona fide business of the accused and there was no intention of cheating on his part. But the complainant out of greed and for wrongful gain filed the false case against the accuse......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ..Category: Criminal Law | Date: | Hits: 69
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......€‘Inspector lodged a first information report with Iswarganj Police Station against the accused-Âappellant and other co-accuseds under sections 302/201/34 of the Penal Code. 3. The police took up investigation of the case, visited the place of occurrence, prepared sketch‑map with separate inde..Category: Criminal Law | Date: | Hits: 51
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....ed under section 3(2) of the Special Powers Act. Moreover, we have noticed that the detenu is a Buddhist Monk and he was arrested from a temple. This is, according to us a high‑handed action on the part of the joint forces. The detenu a monk cannot be arrested in the manner in which he has been ar......n a recommendation which is placed before him. 4. It further appears that after the detenu was arrested a GD was made on 24‑10‑2002 under section 54 of the Special Powers Act and after holding investigation the police recommended discharge of the present detenu and other accused of the case. ..Category: Criminal Law | Date: | Hits: 55
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Petitioner. Ireen Mahbub, Assistant Attorney-Genera-For Opposite Party. Criminal Revision No. 555 of 1998. Judgment Md. Arayesuddin J.- In this revision Rule was issued upon the opposite party to show cause as to why the judgment and order passed by the learned session Judge Satkhira in......3000. In the first information report she did not mention the name of any accused. This convict petitioner was the guard of the school who informed the Head Mistress of this theft. Police took up the investigation and seized the broken lock and other broken materials from the chamber of the Head Mis..Category: Criminal Law | Date: | Hits: 62
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....the informant told him that for cutting of jute from his land Mansur Fakir lodged a GD entry against him. He asked him to accompany him to the police station. He went with him there. Police asked the parties not to break the peace. When he reached the place of occurrence, he saw Razzak Fakir lying d......ode against the appellants and 4 others. In the first information report it is also stated that the informant had been owning and possessing the land over which the occurrence took place. 4. After investigation the police submitted a charge-sheet against 6(six) accused persons including the appel..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
.... Mr. Farooqui has urged that the question whether the disputed house is an abandoned property or not had once been decided by a legally constituted forum provided under PO 16 of 1972 between the same parties and, as such, unless the said decision by a statutory authority constituted under PO 16 of 1......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... of the issues. On the question of temporary injunction, Mr. Pal contends that the learned judge has committed an error of law in not bolding that the plaintiff would suffer irreparable injury if the part‑result of the election is declared before election in the remaining 19 centres are held and t...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....peal at the instance of the defendant Nos. 1, 2 and 15 is directed against tile judgment and decree dated 30.6.67 passed by the Subordinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 allowing partition of the suit properties. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....ne witness whereas the defendants examined two witnesses. The plaintiff also submitted some documents and papers which have been duly marked as exhibits in the suit. On the aforesaid pleadings of the parties the trial Court framed four issues which were heard and disposed of together. After consider......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....sed legally as Rabitat failed to deposit the compensation money within the stipulated time in accordance with law and therefore, the proceedings stood abated. The High Court Division upon hearing the parties and by the impugned judgment made the rule absolute but it did not declare the impugned Gaze...... apply. One theory of "public use" limits the application to "employment" "occupation". A more liberal and more flexible meaning makes it synonymous with "public advantage", "public benefit". A title investigation will show that any definition attempted would exclude some subjects that properly shou..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
....d Magistrate, First Class, Jessore. 2. The facts as set out in the memo of Criminal Miscellaneous Case No.4427 of 2001, inter alia, are that one Md. Habibur Rahman, A.G.M. of Janata Bank (opposite party No.2) ("complainant") filed a petiÂtion of complaint on 31.03.1994 before the court of the le......ase. On the same day i.e. on 31.03.1994 the learned Magistrate, Second Class, Jessore Md. Shakhawat Hossain took cognizance under Section 200 of the Code of Criminal Procedure and passed an order for investigation and necessary action by the District Anti-Corruption Officer (DACO.) 4. The petitio..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....etitioner had illicid connection with the member of Pakistan Army; that subsequently the accused-petitioner fled away with one Nanta with ornaments, hard cash, articles and documents and the opposite party filed C.R. Case No.24 of 1992 in the Court of Sadar Thana Magistrate, Perojpur; that after tha......above, we find no subÂstances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ..Category: Criminal Law | Date: | Hits: 165
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
....26(6) 86 under section 144 of the Code of Criminal Procedure and finally the said proceedings was made absolute on 11.11.86 but then the defendant No.1 forcibly entered into the suit land in the last part of Magh, 1393 B.S. and constructed a tin shed thatched hut in a portion of the suit land and th...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....mad Fazlul Karim J. - This Appeal, by leave, is directed against the judgment and order dated 03.04.2002 passed by the High Court Division in Civil Revision No.830 of 1999 making the Rule absolute-in-part thereby sending the suit on remand setting aside the judgment and decree dated 14.02.1999 of th......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (PriÂvate) Ltd. & Others, 1993, 22 CLC (HCD)
....Adalat can be challenged in any Court. Under section 7 of the Adalat Act an appeal is provided for to the High Court Division against the decree of an Artha Rin Adalat within 30 days by the aggrieved party. And where the aggrieved party is the defendant he can prefer an appeal only on depositing 50%......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
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