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Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......spondent No.10. No one-For the Deputy Registrar. Civil Appeal No.36 of 1972. Judgment AM Mahmudur Rahman J. - This appeal at the instance of the defendants respondents is against an order recording compromise under Order 23, rule 3 of the Code of Civil Procedure. 2. The facts giving r......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 109
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......tered on 17.6.72 gave rise to this present pre-emption case under secÂtion 96 of the State Acquisition and Tenancy Act. 3. The petitioner’s case in short is that oppoÂsite party No.2 was an SA recorded tenant of the case land in plot No.314 of Mauja Sadish. The plot No.312 was owned and posse......pre-emption case under section 96 of the State Acquisition and Tenancy Act. 12. In this Revisional application (paragraph 14), the opposite party Nos.68-69 (present petitionÂers) have stated "the service of notice of the Misc. Case upon the vendee opposite party had been caused on 8.8.76 and the..Category: Property Law | Date: | Hits: 100
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ...... disputed land and pond on various pleas. The petitioners contested the suit as defendant Nos.1 and 2 filing two separate written statements denying the material allegations made in the plaint. After service of summons the suit was fixed for hearing on 20.9.1983 and the petiÂtioners filed hajira on..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ...... Upazila Magistrate, Purbadhala in absentia. 4. The prosecution examined the informant as P.W.1 and examined 3 other more witnesses beside the Investigating Officer. The learned Magistrate afÂter recording the deposition of the witnesses found that the charge as levelled against the accused Lai ...... taken me through the impugned judgment and the orÂder of conviction and sentence and the papers on records, submitted, that in the instant case, the trial having taken place in absentia without any service of notice upon the petitioner and the accused petitioner, apart from his memorandum of appea..Category: Procedural Law | Date: | Hits: 122
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
...., with the tacit acknowledgeÂment that its interference with the constitutional process is an aberration and needs to be condoned. But while leaving, the Martial Law does not leave a trail and it is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary laws ......al vide order dated 3‑12‑79. The learned Divisional Special Judge framed charge against this appellant on 2‑11‑82 and without examining any witness afresh and placing reliance on the evidence recorded by the Summary Martial Law Court by the aforesaid Judgment found this appellant, guilty of ......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ..Category: Criminal Law | Date: | Hits: 98
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......pleting the investigation. Now the question is: What will be the consequence if the charge sheet could not be submitted by the investigating officer within a period of 180 days? We do not find in the record any information if the investigation officers obtained permission from the learned Session Ju......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......ared to have been passed without any lawful authority and of no legal effect. 2. Mr. Khalilur Rahman, learned Advocate for the petitioner after placing the impugned judgment and other materials on record submitted that respondent No.2 filed Complaint Case No.132 of 1983 under section 25(b) of the......terials on record submitted that respondent No.2 filed Complaint Case No.132 of 1983 under section 25(b) of the Employment of Labour (Standing Orders) Act, 1965 complaining against his dismissal from service and praying for re‑instatement with back wages. The case was rejected by order dated 11‑..Category: Labour and Industrial Law | Date: | Hits: 177
Gias Uddin Vs. Dhaka Municipal CorporaÂtion and others, 1996, 25 CLC (HCD)
....acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......uthority and why a direction shall not be given to respondent Nos.1 to 7 and 9 not to evict the petitioner. 2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that the petitioner is an employee of the respondent No.1, Dhaka Municipal Corporat......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..Category: Constitutional Law | Date: | Hits: 369
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ...... impugned judgment and order of conviction and sentence passed by the trial Court. 7. In this case the prosecution has examined as many as nine witnesses. Before we proceed further, we may put on record that in this case according to the prosecution there are only two eye-witnesses, namely, P.W.......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ..Category: Procedural Law | Date: | Hits: 94
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......acking in this case. The prosecution failed to file any affidavit to show that actually the husband of the petitioner is an absconder. 9. Having given our anxious consideration to the materials on record and on hearing the learned Advocates of both the sides and the nature of the case and the con......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189...Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....is further fortified, it is submitted, from the express satisfaction of the recording Magistrate that the section 164-confession was made voluntarily by Moksed who otherwise appeared to be in overall good physical condition. The learned DAG has also taken care to draw this Court's attention to the s......essions Case No.73 of 1999. This has necessarily attracted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record togethÂer with the judgment having been, therefore, sent to this Court, this Court registere......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
.... restore universal justice. The bid is not for loaves or fishes for the forsaken gender but for cosmic harmony which never comes till woman comes. The soul of man is woman, when she goes, there is no goodness, strength left." 12. Contentions on behalf of the Interveners: Ms. Sara Hossain and Dr. ......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......€‘o‑Salish Kendra ('ASK', in short). This organisation is registered under the Societies Registration Act, 1860. It is a legal aid and human rights organisation and provides legal aid and mediation services, particularly to the women and children, Both the learned, Advocates not only went through ..Category: Constitutional Law | Date: | Hits: 443
....citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340.......n from the lessees after cancelling their lease and to hand over possession of the property to the petitioner.
3. Later on when Lalmonirhat was created as a new administrative District the case record was transmitted to Lalmonirhat as such new District. Thereafter the petitioner approached the......citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340...
Category: Immigration and Citizenship Law | Date: | Hits: 178
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......e what shall be the language of any such court and in what character applications to and proceedings in such courts shall be written. (3) where this Code requires or allows anything other than the recording of evidence to be done in writing in any such court, such writing may be in English; but i......es of punishment‑Major punishment and minor punishment. For misconduct the said Rules provide for major punishment. For misconduct an employee of the Government may be dismissed or removed from the service. Section 4 of the Act gives power to the Government to make rules. The Government Servants (..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
.... 2 is attracted i.e., a citizen will not be required to explain further his case of staying abroad. This provision of law will, however, preclude a citizen from explaining has staying abroad on other good reasons. 43. It is to be noted that notification dated 31st December 1971 was published on M......reed the suit and on appeal the same was affirmed. The appellant obtained the leave to consider: "The petitioner now contends that both the Courts below failed to consider from the evidence on the record that the suit property was a part and parcel of the Fasons Metal Industries, a Commercial con......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ...... Therefore, he contends that it was not necessary to seek any clarification from this Court more so when BSRS was impleaded as pro forma respondent No.3. He further submits that from the materials on record it is clear that much earlier the factory of the petitioner was closed down and it is clear f...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... 227 wherein it was held as under:- “It was never held as a rule of law that mere delay in disposing of a Death Reference Under Section 374 of the Code of Criminal Procedure would by itself be a good ground for commuting the sentence of death". 64. In another case reported in AIR 1954 (SC) 2......am is a Tenant of the deceased, P.W. 6 Sufia Khatun is the wife of P.W. 5, P.W. 7 Md. Monir Hossain is a neighbor of the deceased Hanif Sarker, P.W. 8 Mahmuda Khatun is a Magistrate, First Class, who recorded the confessional statements of the condemned prisoners Nazma Sarker @ Beauty and Rokeya Beg...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....ner in which suck evidence, once allowed under rule 27, is to be recorded. 14. Now the moot question is whether the reason assigned by the Court below for production of additional evidence is a good reason within the meaning of rule 27. From the papers annexed, as also from paragraphs 34 and 3...... Government along with a list of those proposed additional evidences. The petitioner-respondent objected to this and on 13.2.1991 the learned Judge kept the application for additional evidence on the record for consideration after the end hearing of the appeal. The appeal was heard for many days and......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...Category: Procedural Law | Date: | Hits: 113
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
.... seriously prejudiced on the ground that material witnesses have not been examined by the prosecution. He submits that near at the place of occurrence, as is admitted in evidence, that there exists a good number of houses but none of the inmates were examined by the prosecution. It is true that when......il Appeal No.67 of 1988. Judgment Qazi Shafiuddin J.- This Death Reference was submitted by the learned District and Sessions Judge, Narail, under Memo No.620 dated 11.5.88 along with the records of the proceedings of the Sessions Case No.64 of 1985 under sections 302/109 for confirmatio......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....y member of the past Government and if any charges are found to be true, law will take its own course. The detention of the detenu is not only unlawful and illegal, but also mala fide and against all good conscience and democratic norms and it was done for collateral purpose in order to create hurdl......nstitute grounds for detention in future. This contention is clearly unfounded. What a person is likely to do in future can only be a matter of inference from various circumstances and his past record will be valuable and often the only record on which it could be made. The charge in this case......and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
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