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Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... Criminal Procedure (East Pakistan Third Amendment) Ordinance, 1958 (East Pakistan Ordinance No. LXIV of 1958), which was given effect retrospectively with effect from the 23rd day of July, 1958, amending the provision of section 407 of the Code, substituting the words "District Magistrate" in s......(4), as follows:- "(4) An Assistant Sessions Judge deemed to have been appointed as Additional Sessions Judge under the proviso to sub-section (3) of section 9 may pass any sentence authorised by law except a sentence of death." The newly-introduced section 29C has under-gone a change. By the..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......o be served on the judgment-debtor together with a notice requiring the objections, if any, to be made within a stated time. The judgment-debtor-appellants clearly stated that the said provision of law has not been complied with and they prayed for a stay of the execution case. By the impugned Ord..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......t the suit property is a Waqf property and the plaintiff is Mutualli. 2. The learned Advocate for the petitioner assailed the order on the ground that the Subordinate Judge committed an error of law in allowing the amendment under Order 6, rule 17 C.P.C. after the defendant had filed written st..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ...... Moqbul Ahmed, Advocate - For the Petitioners. Civil Order No.155 of 1989. Judgment AM Mahmudur Rahman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII o..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......dment as noted above sections 395 and 397 were omitted from the schedule of Special Powers Act on 23.8.77 i.e. before the date of taking cognizance of the offences. It is now a settled principle of law that change of procedure shall not affect any pending case, but a criminal case is deemed to be ..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ...... illegally and without jurisdiction in not dismissing the election petition for want of cause of action after the office of the Chairman of the said Upazila has been declared vacant by operation of law. 10. Mr. Abdul Quayum, the learned Advocate appearing on behalf of opposite party No.4, on th..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......527 of Akberpur Mouza . At the time of his departure he told his brother, the informant, to go to the land with some seedlings. The accused party also gathered at the same plot of land forming an unlawful assembly with common object to forcibly take possession of the same with ploughs, bullocks-ar..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......se two Rules Nisi and the contempt petition have been heard together and will be disposed of by this common judgment as they arise out of the same transaction and involve common questions of fact and law. 2. In Writ Petition No.425 of 1985 the petitioner obtained the Rule Nisi challenging two M..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......ition No. 470 of 1985 Writ Petition Nos. 472-484 of 1985 Writ Petition Nos. 529-533 of 1985. Judgment Mustafa Kamal J.- These 40 Rules Nisi, arising out of common questions of fact and law, were heard together and will be disposed of by this common judgment. 2. Nawab Yusuf Road, ..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......out the occurrence and lodged ejahar in the evening on the next day. At the time of occurrence the husband of deceased Lechu Bibi was in Saudi Arabia and she was staying in the house of her father-in-law along with her children. 3. The occurrence alleged to have taken place at 18.30 hours on 18.4..Category: Criminal Law | Date: | Hits: 101
....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.
......ft this country in 1053. Thereafter, one Abdul Kader, a non local, had been residing in the holding with his family and also inducted some other persons in the suit holding as his tenants without any lawful authority. That the said unauthorised occupant Abdur Kader recently demolished the shed in th..
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. ......se when it is moved before a Court. He submits that without-hearing the opposite party‑petitioner (the Judgment debtor) the learned Judge in passing the aforesaid order committed serious error of law and the mistake committed calls for review of the order. 4. This Rule is resisted by the plai..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....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. ...... First Information Report with the Salla Police Station on 8.5.89 alleging that on 7.5.89 at about 11‑00 AM the 12 accused named in First Information Report with 8‑10 unknown persons forming an unlawful assembly being armed with deadly weapons trespassed into the house of Sikim Ali and entered i..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....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. ...... 5. Before I embark upon the discussion of the Article I want to state, briefly, the object of punishing for contempt for scandalising Judges. In ex parte Whitmore it has been stated thus: "The law punishes the contemner out of no personal consideration for the Judges. The punishment is not m..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. ......Mulak Aparad Daman Ain and the same was submitted beyond the period of 30 days without obtaining any extension of time from the tribunal as required as under sub-section (2) of section 15 of the said law. It has also been noticed in the FIR there was no mention of any offence under the Santrash Mula..Category: Criminal Law | Date: | Hits: 97
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... meantime no step having been taken for substitution of the heirs of the sole deceased petitioner and the stipulated period having been elapsed long before the revision itself has abated according to law. 4. Mr. Miah Abdul Gafur who obtained the Rule for the petitioner submits that he tried to co..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ...... of the State Acquisition & Tenancy Act (which shall hereinafter 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 so..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.......ions such as Writ Petition Nos. 977-987 of 1998, 1008-1011 of 1998 and 1047 of 1998 are heard together and are being disposed of by the same judgment as all these writ petitions involve same point of law and about 23 employees including present petitioners were terminated by the Chairman (Rector) of..
Category: Employment/Service Law | Date: | Hits: 160
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.......xty days as provided in sub-section (5) of section 167 of the Code of Criminal Procedure. He further has argued that when there is any legislation by incorporation or by reference to any provision of law the application of the provision amended or added by such legislation be restricted to the exten..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....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.......suit by the parties. 9. Mr. Manjurur Rahim, the learned Counsel for the defendant-appellant to annul the impugned judgment and decree, submits that, the decree of the learned trial Court is bad in law as well as in fact and merit of the case and is liable to be set aside, that the impugned judgme..Category: Business or Commercial Law | Date: | Hits: 522
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