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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.......e accused persons. But these facts are not sufficient to hold that the accused persons, in fact, committed the murder. Suspicion, however, strong cannot take the place of proof. Prosecution under the law is bound to prove its case beyond all reasonable doubt and if it is found that there is doubt in..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.......learned family judge further found that the plaintiff was entitled to both prompt dower amounting to Taka 43,000.00 and deferred dower amounting to Taka 42,000.00 in all Taka 85,000.00 in view of the law contained in the Muslim Family Laws Ordinance, 1961. The other claim of the plaintiff for value ..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... 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. ......d the order of stay on 16-11-2009 and it was also directed by this Court that the Artha Rin Adalat, 1st Court, Chittagong to proceed with the Artha Rin Adalat Case No.340 of 2005 in accordance with law. Thereafter, being aggrieved by the aforesaid order Mr. MA Salam as a director of Capital Ship B..Category: Civil Law | Date: | Hits: 235
....hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 416.
......ted in the application for condonation of delay that due to bona fide and unintentional mistake appeal could not be filed in time for which the delay should be condoned for ends of justice.
3. The law is well settled that under a special law where a time limit has been given to file an appeal, th..
Category: Limitation Law | Date: | Hits: 324
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....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.......abacha within Police Station Patharghata, District Borguna. 3. The informant lodged a First Information Report with the Patharghata Police Station at 11.35 A.M. on 14.8.85 alleging that his son-in-law Manik Bala, the condemned prisoner, married his daughter Alo Tara 7/8 months prior to the date o..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......ing in petition Case No.757 at of 1986 of Court of the Additional Chief Metropolitan Magistrate, Dhaka is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 43..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415....... Is the suit maintainable in its present form? 2. Is the suit void? 3. Is there any privity of contract between the Plaintiffs and the defendants? 4. Is the agreement, if any, enforceable in law? 5. Is the suit bad for defect of parties? 6. Is the suit barred by limitation? 7. Are ..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.......86 calling upon the respondent to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that he i..Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....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. ...... Heard the learned Advocates and perused the record. 8. It appears that the Antiquities Act, 1968 (Act No.XIV of 1968) (hereinafter referred to as the Act) was enacted to consolidate and amend the law relating to the preservation and protection of the antiquities. 9. The word "antiquity" was ..Category: Others | Date: | Hits: 159
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341....... filed a written objection denying all the material allegations made in the application for addition of party and contended, inter alia, that the petition for addition of party is not maintainable in law, and it is hit by doctrine of lis pendens under section 52 of the Transfer of Property Act, and ..Category: Procedural Law | Date: | Hits: 121
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.......sent petitioner filed reply taking a number of grounds and contented that the execution case in it's present form and manner is not maintainable among other as the decree is a nullity in the eye of law. However, that objection was rejected by the Executing Court. Warrant of arrest was issued again..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......m and Mintu and also appellants Abdul Gofran, Giasuddin and Abdus Sattar as if the suit has been filed afresh there and respectively under sections 302/34 of the Penal Code proceed in accordance with law and sentencing each of them there under to suffer imprisonment for life and to pay a fine of Tak..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....vokes sections 76 and 81 of the State Acquisition and Tenancy Act being the relevant law for the purpose of settlement of the suit land by way of lease. Section 81(b) has been incorporated in 1971 by amending State Acquisition and Tenancy Act. Section 76(1) of the State Acquisition and Tenancy Ac...... by the aforesaid impugned orders. 12. The suit land is, no doubt, char land and agricultural in nature which invokes sections 76 and 81 of the State Acquisition and Tenancy Act being the relevant law for the purpose of settlement of the suit land by way of lease. Section 81(b) has been incorpora..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ...... J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and lodged the FIR stating that an ox owned by Maniruddin Matabbar entered into the jute field of her eldest brother-in-law Sadak Molla and started damaging the jute crop whereupon Sadek went to the field, caught hold of..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....res of the petitioner the Government by notification No.DA-37/80/68 1- Acqiun dated 27th October, 1986 published in the Gazette on 6th November, 1986 purported to acquire 0.06 acre of plot No.1009 by amending the previous notification dated 26-7-83 published in Bangladesh Gazette dated 11th August, ......o.DA-37/80/681-Acqiun dated 27-10-86 (Annexure-G), the notice dated 2-9-87 (Annexure-H) and the notice dated 24-10-87 (Annexure-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties w..Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......2 of 1993 pending in the First Court of Additional Judge, Sadar Chittagong. 3. Abdul Momen Chowdhury, the learned Advocate appearing for the petitioner, has submitted that the Court below erred in law in rejecting the application under Order 21 rule 29 read with section 151 of the Code of Civil P..Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......additional written statement without assigning any reason. 5. The question that has arisen in the facts and circumstances of the case is, as to whether the trial Court has acted in accordance with law in accepting the additional written statement. Order 8 rule 9 of the Code of Civil Procedure dea..Category: Procedural Law | Date: | Hits: 148
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......contract. Against this judgment and decree, defendant No.1 has preferred this appeal.
4. Mr. MI Farooqui, learned Advocate for defendant No.1 appellant, has submitted that the Court below erred in law in not holding that the suit was not properly constituted because the Government, though a neces..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......aforesaid order of transfer of the said suits, the petitioners filed the revisional applications in this Court and obtained the present rules. 6. In these Rules a very important common question of law is involved. The question is whether in view of section 5 of the Civil Courts (Amendment) Ordi..Category: Procedural Law | Date: | Hits: 152
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484....... respondent No.6 Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, Upazilla Debhata, District Satkhira shall not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad s..Category: Election Law | Date: | Hits: 220
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