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....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......ty is illegal and without jurisdiction. It is the case of the plaintiff that the suit property originally belonged to Kailash Chandra Das, Nitta Nanda Das and Radhakanta Das and their names were duly recorded in CS Khatian. By amicable partition the present suit property fell in the share of Nitta N......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......f due difference was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake "or error apparent on the face of the record, or for any other sufficient reason. desires to obtain a review of the decree passed or order...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....at the houses of the accused are very close, it might be possible that when there was an altercation and there is a heat passion that is why deadly weapons might have been brought in order to teach a good lesson to death Sikim Ali. However Sikim Ali has been done to death by accused Khalilur Rahman ......rovided Court takes due care and precaution in the assessment of such witnesses. Court is under solemn duty to assess the evidence legally not only to secure the conviction of the accused but also to record an order of acquittal. “Where the Court accepts the story of the prosecution in respect ......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....he law aught of malice against him who is punished. The power is exercised by the Court as a representative in this respect of the people the ultimate sovereigns - and in their interest and for their good. The maintenance of the authority of the judiciary is indispensable to the stability of the Gov......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......zipur is quashed but the charge‑sheet under sections 326/307 of the Penal Code against the accused petitioners shall remain in force and the learned Sessions Judge is directed to send back the case record to the Court of District Magistrate, Gazipur for proceeding with the case under sections 326/......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ..Category: Criminal Law | Date: | Hits: 97
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
.... Shahabuddin Ahmad, learned Advocate for the petitioner, after placing the materials on record and reading out the concerned report dated 22.2.91(Annexure‑A), submits that the same was published in good faith concerning a public servant respecting his conduct as appeared in discharge of his public......inst the petitioner and ultimately charge, was framed against him under section 500 of the Penal Code. 4. Mr. Shahabuddin Ahmad, learned Advocate for the petitioner, after placing the materials on record and reading out the concerned report dated 22.2.91(Annexure‑A), submits that the same was p......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 acres to his daughter‑in‑law (son's wife) the opposite party 1 Nazuma Khatun for love and for good service rendered by the son's wife to her widower father-in‑law in his old ailing age. The gi......Parties adduced oral evidence and riled their papers. Both the Courts below allowed pre‑emption against gift made by Ext.3 under Mohammadan Law. 4. In the aforesaid circumstances and evidence on record I am to make a decision whether the Judgments of the Courts below are legal or resulted in an......lled the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 acres to his daughter‑in‑law (son's wife) the opposite party 1 Nazuma Khatun for love and for good service rendered by the son's wife to her widower father-in‑law in his old ailing age. The gift wa..Category: Property Law | Date: | Hits: 127
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......8 alleged that he was appointed as Typist on 13-3-86 by PATC authority. He joined as such on 15-3-86. He was made permanent on 24-1-91 and he was promoted as Steno Typist on 31-7-94. But suddenly his service was terminated vide impugned order dated 17-8-97 (Annexure-A). He filed a petition of appeal..
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......as tendered and not gross examined. P.W.12 Mozammel Hoque is a seizure list witness in the case. 5. Another seizure list witness also is P.W.14 Md. Shah Alam, P.W.15 Md. Abu Yousuf, Magistrate who recorded the statement of P.W.2 Md. Farid Hossain under section 164 of CrPC and P.W.16 Md. Mokbul Ho...... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......he accused on bail to the satisfaction of such Court: Provided that if an accused is not released on bail under this sub-section, the Magistrate or, as the case may be, the Court of Sessions shall record the reasons for it: Provided further that in cases in which sanction of appropriate author......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....aintiffs suit filed on 2-10-89 is not maintainable having not been filed within 6(six) months from the date of repudiation. The parties examined four witnesses each in the case and also produced a good number of documents and admitted those documents in evidence marking as exhibits. 6. The tri......to be set aside, that the impugned judgment and decree of the trial Court has been passed on misappreciation, misreading and on non-consideration of facts, circumstances and evidence and materials on record, that the learned trial Court has decreed the suit illegally without finding that the plainti......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......Huq is the elder brother of the victim and he wrote the FIR, but he too did not support the prosecution case and was declared hostile by the prosecution. P.W.4 Kiran Chandra Roy is the Magistrate who recorded the confessional statements of two accused Bachchu and Jahangir Alam. P.W.5 Alamgir is the ......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355...Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... 7. Oral and documentary evidences had been adduced by both the parties in support of their respective contentions/pleas. 8. The learned family judge on a careful consideration of the evidences on record rendered decision that the defendant used to torture the plaintiff both physically and mental...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....es but found no charge of mortgage, registered. Therefore, principle upon which section 26 clause (b) of the Specific Relief Act has been enacted is a protection for subsequent purchaser who has paid good money on good faith without knowledge of the earlier contract. 18. Mr. Bhuiyan, also pointed......unction matter came up for hearing on 4-3-2010, meanwhile another application for temporary injunction was filed by the plaintiff before the trial Court but the said application was kept with the record by the learned Joint District Judge by his order dated 4-3-2010. The plaintiff as petitioner ...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....ircumstances of the case. Normally it would not be quite safe as a matter of prudence to base a conviction for murder on the basis of a retracted confession alone when the confession is open to a good deal of criticism specially when the proof of the factum of murder is itself solely dependent......or cross-examination and the defence examined none. The learned Sessions Judge accepted the confessional statement of the accused as voluntary and true and also relied upon the statement of Sona Baru recorded under section 164 of the Code of Criminal Procedure making the following observation: ......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....he aforesaid advance of Tk.45,000/-till execution and registration of the deed of partnership after full payment of the balance of Tk.7,55,000/-. In pursuance of the oral contract the plaintiffs in good faith made payment of Tk.30,000/-on 19.6.73 in the name of the defendant No.1 and Ehsanul Hasan......inal contract need not-be performed." When the parties to a contract agree to substitute a new contract for it, it is known as novatio or novation. 12. In the instant case there is nothing on record to show that the defendant No.1 and the plaintiffs i.e. the parties to the alleged contract a...... 47-1/2% share, Hasina Khalun, his daughter, held 2-1/2% share and defendant No.2 held 50% share in the firm. He denied the alleged agreement, the offer of any money, or payment of any advance or the service of legal notice. He said he and his brother defendant No.2 lived in their respective houses ..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... not come within the definition of ‘worker’ or ‘workman’, as is contemplated in section 2(XXVIII) of the said Ordinance. Ultimately, the said Labour Court on consideration of the materials on record, by the impugned judgment and order dated 10-11-85 dismissed that case holding, that the peti......of proper and efficient management of the school, according to the rules and regulations of the Board of Intermediate and Secondary Education.” 5. It is further stated in that affidavit that the service of the petitioner is governed by the rules and regulations of the Board of Intermediate and ..Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....es leviable thereon under any law for the time being in force. (a) takes out of Bangladesh jute, gold or silver bullion, manufactures of gold or silver, currency, articles of food, drugs, imported goods, or any other goods. 15. The First Information Report or charge sheet does not describe any......igation a charge sheet, being charge sheet No.451, was duly submitted against the accused petitioner and Mainul Hasan under section 25B and 25D of the Special Powers Act on 29-11-1994. 3. The case record was received by the learned Senior Special Judge, Dhaka on 24-1-1995 for trial of the accused......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..Category: Others | Date: | Hits: 159
....issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......residential accommodation by the respondent at Building No.B-2/2, BRTC. Staff Quarter Joar Shahara, Khilkhet, PS Cantonment, and Dhaka in 1993 and since then he has been residing with his family. His service was illegally terminated for his Trade Union activities vide respondents Order dated 14-12-9..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....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....... since no extension was ever taken by the parties for making the award on this account also the award is a nullity in the eye of law. 9. Mr. Rais Uddin further contended that from the materials on record and the award itself it is obvious on the face of the record that no notice either under sect......BTTB to say that the proceeding initiated against BTTB as an autonomous body is a nullity or BTTB is stopped by the doctrine of estoppel? We think that the doctrine of estoppel cannot be pressed into service for the simple reason that there cannot be any estoppel against law. No doubt, the opposite ..Category: Alternative Dispute Resolution | Date: | Hits: 291
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