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Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....terminable by 15 days' notice expiring at the end of the month. 26. Thus, in a case of holding over a new tenancy is created by renewal and for eviction of such a tenant 15 days' notice would be good enough. 27. In the view I have taken hereinbefore I am supported by a large number of decisi......port of her plaint case that she paid rents regularly. Against that Dr. Suraiya Hossain went on appeal and the learned Additional District Judge, 1st. Court, Dhaka held that there is nothing on record to show that she used to pay rent regularly and was never a defaulter and as the learned Muns......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
....surance Co. Ltd. and Pakistan General Insurance Co. Ltd. alleging that the appellant had suffered loss due to the alleged accident, causing considerable damage to the godown and the stocks of loose goods therein. The surveyor appointed by the insurance companies estimated the extent of damage ......lt all the three appeals are dismissed 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.
......lt all the three appeals are dismissed 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.
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Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....Judge's Library of the Permanent Bench at Sylhet is a misnomer having no reference books at all. Mr. A.K.M. Faiz, the learned Advocate for the appellants, has rendered valuable assistance in making a good number of reference books available to this Court for this case. We acknowledge such praisewort......he opinion of the Doctor was due to shock and haemorrhage, concussion and compression of the brain resulting from above noted injuries which were ante-mortem and homicidal in nature. Doctor did not record the age of the injuries. 18. P.W.1 has stated in her deposition that while the accused cal......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
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......ion. The very order of suspension presupposes that there had been enquiry in the matter, the learned Deputy Attorney-General submits, but when called upon he could not produce any material from the record to show that such enquiry has been held in the present case and the enquiry report has been m......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......n the sessions Court, probably the warrant of arrest which was issued earlier was not recalled and as such the petitioner might have been arrested after prouncement of the acquittal order. The entire records of the case being pending before the High Court Division in connection with an appeal in whi......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....creating the candidate's disqualification. It is not necessary to show that the elector was aware of the legal result that such a fact entailed disqualification. Votes given without such notice are good. If after deducting the votes given after such notice from the total number of votes given for ......s a dealer to the Upazila Food Officer by a letter dated 9.1.88 which was accepted by the said Upazila Food Officer on 10.1.88. Hence he was not disqualified. 3. After discussing the evidence on record the Election Tribunal found that the petitioner's resignation was not accepted by the compe...... 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
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....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. ......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. ......No. 46(12) of 1986 for similar offence was started against the detenu, but in that case also the detenu was enlarged on bail by the learned Sessions Judge, Chittagong. The detenu was suspended from service with effect from 12.7.86. Since then he resided at Dhaka and he never misused the privilege ..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....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. ......al No.1, Bogra and in turn the learned Special Tribunal No.1 transferred the 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 sect......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)
.... 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. ......nd to the trial Court by a Court having pecuniary jurisdiction to try this case. Now the pecuniary jurisdiction of the Assistant Judge (earlier named as Munsif)has been increased. On getting the case record back on remand, a question may arise, that the Court had now acquired the pecuniary jurisdict...... 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)
....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.......irs, as the case may be, are present in Bangladesh on the relevant date, his property cannot be treated as an abandoned property." 9. I have heard the learned Advocates of both passed the relevant records and gone through the impugned Judgments of the Courts below. 10. The whole argument of th......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)
....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. ......udge is necessary. 9. As regards the first point, that is, whether an officer of the CID can move the learned Sessions Judge for permission to further investigate the cam, we have gone through the record and it appears that one Munshi Atiqur Rahman was directed by the Additional Inspector General......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)
....rel with accused Lokman Miah. 8. P.W.4 Allauddin is a shopkeeper at Mograpara. In his presence police seized 14 bombs (Ext.2) and he is a witness to the seizure‑list. He admitted that the seized goods were not before the Court. 9. P.W.5 Rahmat Ali stated that police seized 14 bombs from the ...... on that fateful night. 3. On 17.9.88 a First Information Report was lodged by Lokman Miah with the Police Station alleging the incident of the commission of dacoity in the bank. Thereafter police recorded the First Information Report on 21.9.88 implicating accused accused Lokman Miah to have com......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)
....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.......gainst the accused-petitioners on 26.6.90. No objection having been raised against submission of the said charge‑sheet the same was accepted by the learned Upazila Magistrate on 1.7.90 and the case record was sent to the Court of the Sessions and the case was registered as Special Tribunal Case No......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
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......morandum dated 18.12.1989 received from the President’s Secretariat for revival of the case. 3. Mr. Khan Saifur Rahman, learned Advocate appearing for the petitioner, after placing the matter on record and the provisions of section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 submits...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146...Category: Procedural Law | Date: | Hits: 99
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., 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.......g with opposite party No.1 showing him as plaintiff No.2 filed an application for striking out the names of plaintiff 2-5 from the plaint alleging that they had no interest in the suit land. It is no record whether any copy of that application was served upon the said plaintiffs 2-5. The same is als......, 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
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......2 as her son both inherited the property of Abdul Latif have affected the transaction giving it a colour of exchange though it is a sale, From the facts, circumstances of the case and the evidence on record it is very clear that fraud has been practiced by both the transferor and transferee and made......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137...Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ot to affirm in the name God, when would travel the limit of individual world and come to be relied upon in matters public in nature it would become subject to law and be regulated by law for greater good, demanding general acceptance of a conduct of behaviour based on public morality as distinct fr......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. ......affects none else but himself in the society. This insistence on being true to one's sense of moral values and conviction such as choosing one's own God to worship or objection to compulsory military service on the basis of religious conviction or the right claimed by an atheist not to affirm in the..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....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. ......halan of the alleged payment of rents to the Rent Controller for the suit holding. The learned Small Cause Court Judge on consideration of the facts and circumstances of the case and the materials on record came to the following findings that: (1) the plaintiff has a prima facie title in the s...... a number of decisions of our Court that a liberal consideration should be given to a notice under section 106 of the Transfer of Property Act and minor inaccuracy or omission will not invalidate the service of notice under section 106 of the Transfer of Property Act. In this connection, the followi..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... 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....... 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. In the nor..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
.... of the land to the affected persons the petitioner, being the Chairman of RAJUK, had no other alternative but to carry out his order and no mala fide could be attributed to his act which was done in good faith. The learned Advocate further submits that mens rea which is essential ingredient of an ...... by the Senior Special Judge on 5.2.92. The Special case was fixed for framing charge on 22.4.92. On the same day an application was filed on behalf of the petitioner stating that on the materials on record and the evidence collected by the Investigating Agency during investigation as it appears fro......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
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