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Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....iar Mia and the non‑appealing convict Siddique should 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) 478. ......uest report on the leg in her presence and the sister of deceased Babor Ali and it was sent to the morgue for post mortem examination. 22. The learned Advocate for the appellants submitted that in view of the contradictory statements made by the prosecution witnesses on material particulars regar..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ...... Deputy Attorney-General at the outset has taken the legal objection that the suit as well as the present appeal, which is the continuation of the suit, is not at all maintainable and should abate in view of the provisions of sections 86 and 87 of the State Acquisition & Tenancy Act, 1950 as ame..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......on may have been acquired, the burden shifts to the party alleging self acquisition to establish affirmatively that the property was acquired without the aid of the joint family property." The same view has been taken in the cases in 15 DLR (SC) 58 and A.I.R. 1969 (SC) 1076. 6. It is evident fr..Category: Property Law | Date: | Hits: 111
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......ay, the non-observance of the provision of section 10 itself has in our opinion rendered the detention illegal and without lawful authority. We have not been shown any law or authority to support a view that this Court has any powers to condone the violation of the mandate of section 10 of the Act..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......argaining agent or by any employer in the prescribed manner. This being so according to section 43 the dispute in the I.R.O. Case No.79 of 1985 cannot be regarded in law as an industrial dispute in view of the plain language of section 43. Though section 2 (XIII) gave a general definition of ind..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......tant case the then Foreign Minister Dr. Kamal Hossain, Respondent No.4 executed the agreement on behalf of the President of Bangladesh; as such, it cannot be brought within the mischief of judicial review under writ of Certiorari. 7. On such submissions my learned brother expressed his desire to ..Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547....... the Penal Code punishable with death has got right to be defended by a lawyer and the abscondence of accused, if any, should not deprive him of such chance to be represented by a lawyer and, in this view of the matter, the learned Deputy Attorney-General finds it difficult to support the impugned..Category: Criminal Law | Date: | Hits: 123
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......llate Division, Maqsood Alam Vs. Bangladesh, reported in 38 DLR (AD) 290. I see the force of Mr. Quyum's argument. However, it may not be necessary for me to rely upon it, as I have already taken the view, for reasons stated above, that the Civil Surgeon, Barguna was not competent to maintain the su..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......bibur Rahman cited in 50 DLR (AD) 99, it has been held that: "The question of limitation in a suit is a mixed question of law and fact which can be decided only at the trial on taking evidence. In view of the reliefs prayed in the suit, the plaint cannot be rejected." 21. So, we are therefore,..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......bmits that under no circumstances, the tenant can take a plea of adjustment of rent from the said security money or advance and thereby save him from being a defaulter and evicted. In support of this view Mr. Rahman relied in the case of Md. Mushtaque Hossain Vs. Md. Shahjahan Miah reported in 10 ML..Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......hat he killed the victim due to anger frustration and jealousy. It was also on record that he came out of the bathroom and collapsed. Taking all the facts and circumstances into account we are of the view that the ends of justice will be sufficiently met if the sentence of the condemned petitioner i..Category: Criminal Law | Date: | Hits: 98
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... bag found four .22 bore revolvers, two .38 bore revolvers, one .32 bore revolver, 2 L.Gs., eight bullets of .22 revolver, five 9 M.M. bullets and 2 other kinds of bullets. He further submits that in view of the evidence of witnesses regarding the recovery of the said arms, the High Court Division e..Category: Criminal Law | Date: | Hits: 119
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......t they are co-sharers of the original owner. During cross-examination the P.W.1 admitted that some of the plaintiff's hails from Barisal and some from Comilla and some from other districts.
16. In view of the said evidence the case laws relied up by Mr. Kamal-ul-Alam as referred to above have got..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......l Procedure is an enabling provision which permits the Court to try more than one offence in one trial. Court may or may not try all the offences in one trial. ………………………… In view of the provision of law and discussion made above and reasonings given herein before we are o..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
.... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ......t (Annexure A). It appears from Annexure B, dated 12‑7‑1999, B2, dated 26‑9-1999 and B‑4 dated 29‑8‑1999 that the petitioner prayed for restoration of possession of the case property in view of the order passed by the Court of Settlement but without any result. 5. It is now clear th..Category: Property Law | Date: | Hits: 106
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... or that plea, the Executing Court ought to have made an enquiry whether the above assertions of the judgment-debtors were true or false, before passing the order of Civil imprisonment. I am of the view that in not holding such inquiry, the Executing Court committed an error of law and the learned..Category: Civil Law | Date: | Hits: 166
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....t of fact did not at all consider the evidence and materials on record thereby misdirected himself in passing the impugned judgment reversing the judgment passed by the trial Court upon arriving at erroneous findings of facts. 6. The learned Advocate appearing for the petitioner submits that th......n of the case land as such the appellate Court below was correct in holding that the pre-emptor had no occasion to detect the fact of transfer by the act of possession by the pre-emptees. 15. In view of the position as aforesaid it is not clear as to whether the findings of fact arrived at by t..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......r moved this court on an application under section 151(1) of the Code and obtained the present rule. 6. Mr. Mihir Kanti Majumder, the learned Advocate appearing for the petitioner, submits that in view of the pre‑emptor's purchase of land in the case holding on the basis of registered Kabala vi..Category: Property Law | Date: | Hits: 132
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......recommend award to the lowest bidder (in this case the petitioner-company) and send the same to the Ministry for approval but curiously enough some interested quarters within the Government with a view to awarding the Contract to respondent No.4 were looking for excuses to exclude the petitioner..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......etitioner No.3 to attend the said meeting and deposited it in the office, of the Company in time. All the petitioners attended meeting as notified and wanted to participate in it and to express their views and stand points on the agenda. But respondent No.2 stopped the petitioners from saying anythi..Category: Company Law | Date: | Hits: 225
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