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Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
.... plaintiff-opposite party in brief is that the homestead of the plaintiff is situated to the contiguous south of the 1st schedule land and they are using the second schedule land as pathway since the time of their ancestors beyond 20 years within the knowledge, notice and acquiescence of the defenda......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....egarded as not given at all or thrown away and for so deciding a scrutiny is not necessary. The disqualification must be founded on some positive and definite fact existing and established at the time of the poll so as to lead to the fair inference of wilful perverseness on the part of the elect...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....arly filed this suit unmistakenly on the basis that he was one of the original sponsors of the proposed Bank. His position is, therefore, that of a promoter. It is his case that for a great length of time it was he who carried on the negotiation with the Bangladesh Bank for establishment of a propos......atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103...Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....nd 122 of 1989. We ordered that the said contempt petition will be considered by this Bench after hearing and disposal of the present writ petition. Thereafter the respondents were allowed sufficient time and opportunity to file an affidavit-in-opposition, but the respondents have neither entered an......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
.... case on 4.7.87 to the learned Special Tribunal No.11, Bogra for trial. The Special Tribunal No.11, Bogra received the case record on 14.7.87 but as the trial of the case was not concluded within the time specified in section 339C of the Code of Criminal Procedure, the petitioners, on 4.9.88, file......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....urt had now acquired the pecuniary jurisdiction to try the case. But in the facts and circumstances of the instant case it should be presented to a Court having pecuniary jurisdiction at the relevant time when the suit was filed and was beyond the jurisdiction of the Munsif. Now a question may arise...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....aking advantage of their absence some miscreants took possession of the suit property illegally and got it declared as an abandoned property; further the case was that the said Abdul Jalil in the meantime, died leaving behind two sons namely, Abdul Karim and Abdul Khaleque as his legal heirs. The sa......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....applicable in the present case. Under that provision a Sessions Judge was competent to allow further investigation in cases where the police failed to conclude the investigation within the stipulated time and when the same was stopped and the accused released. That was the only provision under which......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....nquest report of the deceased Humayun Kabir, sent the dead body to the morgue for post mortem examination. Police also arrested Jahangir Hossain who was caught on 16.9.88 at about 11-45 PM. At this time he was suspected to be one of the dacoits but after lodging the First Information Report on 21.......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
.... against the accused persons on 3.1.90 under section 19(a) and (b) of the Arms Act. Investigating Officer having failed to complete the investigation within 60 days learned Upazila Magistrate allowed time for completion of the investigation upto 2.4.90. Thereafter no further extension appears to hav......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
....rity of the Respondent No.1 in holding the office of the Judge of Supreme Court of Bangladesh and also his authority in holding the office of the Chief Election Commissioner of Bangladesh at the same time, a substantive question of law as to the interpretation of the constitution of the Republic has...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
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Category: Procedural Law | Date: | Hits: 136
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....the details haw the fraud has been practised upon 3-5 and also upon the Court have been stated (which is annexure-D )to this revisional application. Petition under section 151 CPC was made after long time of passing the decree. Admittedly no other remedy is available to the persons aggrieved. So no ......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e is a dispute by open division therefore. There is thus no uniformity of voting procedure. Both the systems, secrets and open ballot, are regarded to be the systems of voting and the law chooses sometimes one system in preference to the other and it is a matter of political expediency and matter of......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....could not realise rent from him for the case holding from January, 1968; that the said landlord died in the month of February or March, 1968 at Pabna Town and his sons were residing in India from the time of Partition and as such his properties including the suit holding were declared as enemy prope......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....he United Commercial Bank Ltd. has on its roll other than officers, about 418 employees. The Management of the Bank in matters of delinquencies of employees initiated proceedings for dismissal and at times if services of some employees are not required their services are terminated with no stigma. I...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
.... RAJUK (Rajdhani Unnayan Kartipakkha) by amendment of Town Improvement Act, 1953 as amended by Ordinance No. IV of 1987 the Kartipakkha is composed of Chairman and four members all of whom are full time officers of the Kartipakkha. The matter involving allotment of plots, assessment of valuation o......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....if, Natore on the allegation that petitioner No.1 Musammat Lai Banu is the youngest of all five daughters of the plaintiff-opposite party who used to love her very much and got her married for second time after petitioner was divorced by her first husband. Petilioner's 2nd husband used lo live in ......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....vered lo the plaintiffs at Barisal........... Section 32 of the Arbitration Act is as follows:- "32. Bar to suit contesting arbitration agreement or award. - Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence, e......der of the learned Subordinate Judge 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: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....e are not convinced that the inherent power as conceived under section 561A CrPC can be invoked in the facts of this case to meet the ends of justice. The petitioners’ case may be considered at the time of hearing of the appeal arising out of the same judgment and order appealed by other co-accuse......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338...Category: Criminal Law | Date: | Hits: 91
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....open to challenge and to determine the real issue on adducing proper evidence by the parties in the suit. Although the impugned order lacks in proper consideration the same can be controverted at the time of trial of the suit on adducing evidence. The matter may be left to the trial Court for its fi......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
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