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Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
.... Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR 282; 22 DLR 56; Lawyers ......gal notice, Ext.A it appears that on 17.8.83 a notice was issued upon Dr. Suraiya at 19, Kakrail, Dhaka by the lawyer appointed by the landlady and it stated that after the expiry of the stipÂulated time of the tenancy her client asked Dr. Suraiya Hossain verbally to vacate the said house hut she d......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...Category: Property Law | Date: | Hits: 88
....This Case is also Reported in: 42 DLR (HD) (1990) 125.
......itration laws of our country Clause 18 ought to be interpreted in such a manner that the insured may not have to go for a civil action after exhausting the arbitration procedure for a great length of time. In this particular case, he submits, the fire took place on the 10th June, 1968. The sole Arbi......in respect of that dispute so referred.
When such a contract has been made, a suit may be brought for its specific performance, and if a suit other than for such specific perforÂmance, or for the recovery of the amount so awarded is brought by one party to such contract against any other such pa......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
.... such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......ome to that house on the previous day. Thereafter P.W.2 Jaheda Banu asked accused Soleman about Akal Miah and SoleÂman replied that Akal Miah had come to his house and played at Keram there for some time and thereÂafter he went away. Soleman told her that he accomÂpanied Akal Miah upto the bank o......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
.... Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115....... 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.......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)
....udgment August 16, 1989. Result: The Rule is made absolute. Cases Referred to- Bristol South-East Parliamentary ElecÂtion, (1961) 3 A E L R 354; Sanaullah Vs. Election TriÂbunal, Gujrat and others, PLD 1966 Lah. 97. Lawyers Involved: Syed Ishtiaq Ahmed with Salahuddin Ahmed, A......egardÂed as not given at all or thrown away and for so deciding a scrutiny is not necessary. The disqualÂification 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. ...... 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)
....is Case is also Reported in: 42 DLR (HD) (1990) 103.......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 disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged 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)
....y., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Mrs. Sajeda Parvin Banu Vs. Gover......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 AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs 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)
.... Bench) (Criminal Revisional Jurisdiction) Present: Syed Misbahuddin Hossain J Habibur Rahman Khan J Chand Miah & Others................................Petitioner Vs. The State, Represented by Deputy CommisÂsioner, Bogra............Opposite Party Judgment July 3, 19...... 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 secÂtion 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. ......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)
....Result: The Rule is disposed of. Case Referred to- Tripura Charan Choudhury and other Vs. Girish Chandra Choudhury, 7 DLR 466. Lawyers Involved: Md. Azizul Hoq with Eklimur Reza, Advocates ‑ For the Petitioners. A Baset Majumder with, Ambia Balbul Reza, Advocates ‑ For the Opp......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....... The petitioners being plaintiffs instituted the aforesaid Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the opposite parts as defendants for a declaration of and recovery of khas possession with respect to 05 decimals of land of the suit land as mentioned in the...... 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)
....Jurisdiction) Present: Syed JR Mudassir Husain J Government of Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development................Petitioner Vs. Israt Jahan Kazal ............Opposite Party Judgment February 8, 1995. Result: The Rule is......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.......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)
....Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......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. ......n the area on way back home on the aforesaid date when the petitioner reached UP Road to the south west of the school the accused-persons named in the First Information Report being armed with fire‑arms and lathies attacked him and others and caused injuries which ultimately resulted in the death ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
.... 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. ......nquest report of the deceased Humayun Kabir, sent the dead body to Âthe 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. ......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)
.... This Case is also Reported in: 48 DLR (HCD) (1996) 148....... 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.......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
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent
Judgment
June 5, 1995.
Result:
The prayer is refused.
Cases Referred to-
Nurul Huda Vs. Bahauddin and others, 1989 BLD 271; Mr. Nazimuddin Vs. State, 30 DLR 49; Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhaban and others, 47 DLR 42.
......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.
...... 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.
..
Category: Procedural Law | Date: | Hits: 136
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
.... June 25, 1995. Result: The Rule is discharged. Cases Referred to- Tripura Charan Chowdhury and others Vs. Girish Ch. Chowdhury, 7 DLR 466. Lawyers Involved: Faruque Ahmed, Advocate ‑ For Petitioner. Md. Abdul Halim with Md. Md. Enamul Huq Advocates - For the opposite part......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......., 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)
.... Judgment February 13 and 18, 1992. Result: Writ Petition Nos. 2195 of 1991 and 2213 of 1991 are rejected summarily. Cases Referred to- Anwar Hossain Vs. Bangladesh; Madathil Ahmed Haji Vs. Muthana Kunshiram Kurup and another, AIR 1954 (Madras) 360; Hind Vs. The Queen ......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. ......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)
....Merajuddin Ahmed Vs. Md. Anwarul Islam & another 26 DLR 314; 33 DLR (AD) 55; 29 DLR (SC) 13; 29 DLR 314; 17 DLR 677; 19 DLR 905; 19 DLR 314. Lawyers Involved: Akram Hossain Amin, Advocate ‑ For the Petitioner. Md. Abdul Majid, Advocate- For the Opposite Party No.1. Civi......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. ......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)
.... Cases Referred to- AIR 1986 Madras 3; AIR 1982 (SC) 949 & AIR 1985 (SC) 195 held not applicable. (24) Lawyers Involved: M Nurullah with Kamaluddin Ahmed and AWM Safiullah, Advocates ‑ For the Petitioners. AY Salehuzzaman, Advocate ‑ For the Respondent No.4. Fak......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....... 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)
....orted in: 44 DLR (HCD) (1992) 576. ...... RAJUK (Rajdhani Unnayan KartiÂpakkha) 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. ......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)
................Petitioners Vs. Nourjan Banu.................................Opposite Party Judgment December 9, 1986. Result: The Rule is made absolute. Cases Referred to- Asia Khatun Vs. Kutu Bewa, 6 DLR page 156; Daibakilal Basak Vs. Iqbal Ahmed, 1965 PLD Dhaka 411. Lawyers......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 husÂband 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.......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
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