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Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ...... been killed elsewhere in the darkness of night. 7. Mr. Md. Sirajul Haque, the learned Advocate appearing for the appellants, submits that the injuries allegedly inflicted by the appellants on the person of the deceased were not found on the dead body at the time of postmortem examination which i..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......clerical mistake. 11. Be that as it may, the plaintiff is not an executrix in kabala, exhibit‑1. She is a mere recipient of it. The recital of kabala per se shall not go into evidence unless the person who has made such recital raises any objection there for. Here the defendant No. 1 who is the..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......pinion that if he is allowed to exercise his authority as the Chairman of the said Upazila Parishad, his such exercise of the authority may be prejudicial to the interest of the Parishad itself and a person of such a conduct is surely not desirable to function as the Chairman of the said Parishad fr..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......Dhaka, and bearing Touzi No. 9859 described in detail in the schedule to the application. 3. It is alleged by the petitioner that the land on which this building stands originally belonged to some persons named Dengu Purification, Dominic Purification, Alfred Purification, Bengu Purification and ..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......deemed to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure (Act V of 1908) including the powers of: (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material object;..Category: Criminal Law | Date: | Hits: 69
....l Hannan Khan obtained this Rule Nisi on 31.10.89 calling upon the respondent No.1, Secretary, Ministry of Home Affairs, respondent No.3 Mr. Md. Abdul Hakim, Joint Secretary, Ministry of Agriculture (Inquiry Officer) and respondent No. 4 Mr. Ashraful Huda, Assistant Inspector General of Police, Head......ovides that to enjoy the protection of law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be and of every other person for the time being within Bangladesh and in, particular no action durimeni.11 to the life, li..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......ed the 22nd of March, 1971 and was presented on the 26th of March, 1971 in which a reference was made to the order of the 26th of October, 1970. A prayer was also made for nominating the Nazir as the person who would sell the pledged goods at the best offers supplied by the appellant within one mont..Category: Procedural Law | Date: | Hits: 84
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......considering this aspect of the matter. 20. Mr. Rahim in support of his contention has referred to section 10 of the Premises Rent Control Ordinance wherein it has been provided: Section 10. "No person shall, in consideration of the grant, renewal or continuance of a tenancy of any premises: ..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......to settle up the dispute at any stage of the proceedings. The judgment-debtor did not avail any of the privileges provided in the Ain, 2003. A privilege is a special right reserved to an individual person or a limited class of persons, bodies or institutions. But this privilege is lost once they i..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......ted with approval that: "In Halsburys Laws of England, Third Edition, volume, 14, page 637 it is stated that "Waiver is the abandonment of a right, and is either express or implied from conduct. A person who is entitled to the benefit of a stipulation in a contract or of a statutory provision may..Category: Employment/Service Law | Date: | Hits: 88
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ed property. This finding is also erroneous. According to Article 2(1) of the President's Order No.16 of 1972 for the purpose of this Writ Petition, abandoned property means any property owned by any person who is not present in Bangladesh or whose whereabouts are not known or who has ceased to occu..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......e of completion of all formalities by the seller the buyer failed to complete the sale transaction by paying the balance of the consideration after repeated requests. So the house was sold to a third person and earnest money paid by the buyer was forfeited in terms of the agreement. The buyer then f..Category: Criminal Law | Date: | Hits: 132
.... asked for would have to be examined in the attending facts and circumstances of the case and on the stand taken by the petitioner in this case before on the Board, before the Ministry and before the Inquiry Officer and also before the Minister‑in‑charge and the Writ Division. The petitioner can...... been accepted because of the shortfall of Tk. 10,000.00 of earnest money and the tender committee recommended that the tender be given in favour of the next. The enquiry committee further found that person who submitted a tender had a duty to see that his tender is in perfect form and with the pape..
Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......anding thereon at a consideration of Tk. 2,700/‑ and the possession of the same was delivered to him on 20.7.1961. The plaintiff was compelled to leave the suit property for the time being, for his personal safety just after the liberation of Bangladesh being a non‑local and took shelter at 70, ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......embers of an undivided family and share‑holders and that the disputed property is a dwelling‑house belonging to an undivided family. Secondly, a share of such dwelling house is transferred to a person who is stranger to the family and thirdly, the members of such undivided family undertake to ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ...... it appears that the same was sworn by Mr. Siddiqullah. In affidavit of the written objection be stated that he looked after the case and was acquainted with the facts of the case and was a competent person to depose. This Mr. Siddiqullah was a signatory to the order passed by the Arbitrator on May ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......Gafur, Seraj Mia, Kashim Ali and Kala Mia were cultivating their lands in Dag Nos.735, 736 and 776 measuring 2.83 acres of mouza South Hila within Police Station Teknaf at about 9‑00 AM the accused persons namely, 1) Sarwar Kamal 2) Mir Kashem, 3) Darbesh Ali, 4) Nur Ahmed, 5) Seraj Ahmed, 6) Sona..Category: Criminal Law | Date: | Hits: 86
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......nt is found to have been made between the respondent and the petitioner the question of legal right does not, at all, arise. Mr. Ahmed further goes to argue that article 102 does not also require any person to come with legal right rather a person aggrieved is entitled to invoke the writ jurisdictio..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......s and circumstances held: “25. . . . in order to complete the offence under section 394 of the Penal Code there must be hurt sustained by the victim during occurrence at the hands of the accused person/persons. In the instant case it appears that some of the PWs including the victim himself as ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......the commission of the murder of deceased Mohor Ali. In this case the circumstantial evidences are not such as are incapable of explanation on any reasonable theory except that of guilt of the accused persons….” 10. In (1990) 10 BLD 179 their lordships of the High Court Division allowed an app..Category: Criminal Law | Date: | Hits: 111
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