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Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....endent submisÂsions on the points involved in these Rules. AccordÂingly, the learned Deputy Attorney-General Mr. Kaiseruddin Ahmed appeared before this Court as amicus curiae and submitted that the provisions in section 5 of the Civil Courts (Amendment) Ordinance, 1983 are not at all mandatory but......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 (AmendÂment) 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, UpazilÂla 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
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....vance in the present case as it is not a special case triable by the Special Judge unÂder Act XL of 1958. This newly inserted section 5A of the Criminal Law (Amendment) Act, 1958 has not amended the provisions of section 167 of the Code of Criminal Procedure in respect of cases triÂable by the Mag......lam, the learned AdvoÂcate appearing for the petitioners submits that the orÂder of the learned Sessions Judge passed on 14.3.88 extending the period of investigation upto 17.2.88 is illegal as the law does not authorise the Sessions Judge under sub-section 6 of section 167 Cr.P.C to extend the pe..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408....... that the land being ejmali property and other co-sharers being in possession jointly with the plaintiff-opposite party the decree for permanent inÂjunction for the entire land is not sustainable in law as because a co-sharer cannot deprive other co-sharers from enjoyment of the property and, the p..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......and possessed by the defendant No.1. 5. Mr. Md. Abdus Sobhan, the learned AdvoÂcate appearing on behalf of the appellant, submits that the learned Subordinate Judge committed a seriÂous error of law in not taking into consideration the intrinsic ingredients of heba namely, offer, accepÂtance a..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......reupon Daroga did not take ejahar and went to the place of occurrence instead. He has further stated that at the time of lodging of the ejahar, Hakim Sikder's wife, five daughters, four sons, sons-in-law were present. It has also been brought out in the cross-examination of this witness that the Cha..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
.... some other sections of the Penal Code, so the petiÂtioners should not be enlarged on bail. 11. Let us now consider the above submisÂsions of the learned Advocates in the light of the relÂevant provision of law relating to bail-matter in the facts and circumstances of the case and the material......morning of 8.11.87, informant's son Asheque Ali was cutting Amon paddy grown by him in the case land; that Asheque Ali purchased the land by kabala and grew the paddy but the accused-persons formed unlawful assembly and trespassed into the said land and started to cut and take away the paddy forcibl..Category: Criminal Law | Date: | Hits: 74
....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
...... family alone occupies it, that by itself affords no evidence of exclusion of other interested members of the family; Uninterrupted sole possession of such property, without more, must be referred to lawÂful title possessed by the joint holder to use the joint estate and cannot be regarded as an as..
Category: Administrative Law | Date: | Hits: 488
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
.... "It is true that in ordinary circumstances the effect of abatement should not be allowed to be got over by securing an addition of the parties." If the same would be freely permissible then the provisions of Order 22 of the Code of Civil ProÂcedure would be rendered nugatory. This, howevÂer,......decree of the learned Munsif and sent the case back on reÂmand for fresh trial with certain observations for impleading. Khukiran Nessa and Halima Khatun in the suit and also for taking steps as per law as regards death of plaintiff No.2 Kudrut Ali. After remand the case was transferred to the Cour..Category: Property Law | Date: | Hits: 98
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
.... by orÂder, revive the case at any time if the case is triable exclusively by the Court of Sessions." Mr. A.K.M. Shamsul Karim, the learned AsÂsistant Attorney-General draws our attention to the provision of section 10(2) Cr.P.C. which reads as follows:- "10. (2) The Government may appoint a......te or Joint District MagisÂtrate and such Additional District Magistrate or Joint District Magistrate shall have all or any of the powers of a District Magistrate under this Code, or under any other law for the time being in force, as the Government may direct." So, unless the Government by orde..Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
.... No.166 of 1985 in the Court of Munsif, Sadar, Mymensingh, against the opposite party Nos.1-2 as defendants for permanent injunction restraining them from making illegal construction by violating the provision of the Municipal Law and in violation of the building plan sanctioned by the Mymensingh Mu...... 4. Heard the learned Advocate Mr. Amjad Hossain, perused the application and the relevant deciÂsions cited at the Bar. The learned Advocate submitÂted that the Courts below committed an error of law in not granting a temporary injunction in a suit for permanent injunction in spite of the findin..Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....aper, barren of Declaration, may prove futile though, because the buyer would not be able to publish it without authenticated Declaration in his favour. 43. What is crystal clear from the relevant provisions of the Act are that a Declaration in respect a news paper can only be authenticated in fa......order dated 27.07.2011 (Annexure-B) of the Press Appellate Board, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka- 1000 should not be declared to have been issued without lawful authority and is of no legal effect and a direction should not be issued upon respondent No.3..Category: Others | Date: | Hits: 171
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......e previous day and was admitted in the hospital. Finding him as Officer-in-charge of Gournadi Police Station, the appellant made allegation that on the previous day after evening he and his mother-in-law Rabeya Begum went to the house of one Habibur Rahman Kha of the same village to bring a via-deed..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......l suit in relation to same subject matter. Each case is to be decided on its own merit. It has been settled in number of cases that indefinite postponement of a criminal case is against the policy of law. When there is no time-limit for disposal of the miscellaneous cases, stay of the instant crimin..Category: Procedural Law | Date: | Hits: 114
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......of the appellant had recorded Unnatural Death Case No.9 of 1992 dated 11.5.1992 stating that while he was going to Gaibandha for shopping at about 11 hours, received an information that his sister-in-law Najmun Nahar Lucky (appellant’s wife) became seriously ill. He returned home and saw her in a ..Category: Criminal Law | Date: | Hits: 114
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......h is directed to surrender before the trial Court to serve out the remaining period of sentence within one month from receipt of this judgment by the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agre..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......r Police Station Case No.16 dated 24.6.2001 under section 25B of the Special Powers Act and after investigation submitted charge sheet on 5.9.2001 against the sole appellant under the said section of law. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Rajshahi, wh..Category: Criminal Law | Date: | Hits: 113
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ove, we find substance in submissions of learned Advocate for the appellant. Learned Judge of the Tribunal appears to have committed wrong in rejecting the appellant’s application for returning his lawful articles and as such the impugned order should not sustain in law. 6. Accordingly, the ap..Category: Criminal Law | Date: | Hits: 132
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......leave the house at once. Seeing them very arrogant, the informant left the house. He informed about the occurrence to the appellant’s uncle and thereafter, rushed to the house of his another son-in-law Quddus at village Charnagarbari. He went to Palima Bus-stand therefrom and came to know that his..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....erned by the amended procedural law. 8. We have considered the submissions of learned Assistant Attorney General, perused the record including the revisional application and consulted the relevant provisions of law. It appears that there are specific allegations of holding illegal arms, explosion......ormant Mirza Abdullah, a Sub-Inspector of Police lodged an ejahar with Fatullah Police Station, Narayangonj on 10.2.1988 alleging, inter alia, that he along with forces was on petrol duty to maintain law and order during the ongoing Union Parisad election in different polling centers. At about 9.30 ..Category: Criminal Law | Date: | Hits: 124
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