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State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......d prisoners. Death Reference Case No.2 of 1985. Judgment Syed Fazle Ahmed J.- This reference under section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the confirmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia K......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......State ……………………………………….Petitioner Vs. Jahaur Ali & Others..............Opposite Parties Judgment March 30, 1987. Result: The appeal is allowed. Lawyers Involved: Sultan Ahmed, Deputy Attorney General, with Md. Yunus Ali, Advocate—For the A..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......te—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger under sections 302/34 of the Penal Code......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......asir @ Nasir @ Nasir Ahmed.....................Appellant Vs. The State.......................................Respondent Judgment February 6, 1989. Result: The appeal is allowed. Lawyers Involved: Md. Ruhul Amin, Advocate—For the Appellant. Golam Mohiuddin, Advocate�..

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......t Court, Comilla in Title Appeal No.278 of 1986 setting aside the judgment and decree dated 29.11.86 and 8.12.86 respectively passed by Upazila Munsif Burichang in Title Suit No.3 of 1985. 2. The aforesaid Title Suit was brought for Specific Performance of Contract requiring defendant No.1 Gouran...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......; Others...............Opposite Parties Judgment January 17, 1989. Result: The Rule is made absolute. Cases Referred to- 11 DLR 177; 21 DLR W.P. (Lahore) 333; PLD 1972 (S.C.) 25. Lawyers Involved: Md. Amir Hossain, Advocate—For the Petitioner. Abdul Muttalib, Advocate�..

Category: Civil Law | Date: | Hits: 133

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......d Sessions Judge, Chandpur, in Sessions Case No.64 of 2001, convicting the accused appellant under sections 302 and 201 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 5000 (five thousand) in default to suffer rigorous imprisonment f......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ...... dismissed. Cases Referred to- Ilias Hussain (Md.) Vs. State, 54 DLR (AD) 78; State Vs. Shafiqul Islam, 43 DLR (AD) 92; Shamsuddin Vs. State, 45 DLR 587; Abdul khaleque Vs. State, 45 DLR 75. Lawyers Involved: Md. Jahangir Kabir with Sohel Rana—For the Convict-Appellant. Md. Altafur ..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......so Reported in: 42 DLR (HCD) (1993) 33. ....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......s Vs. Executive Engineer, Relief and Rehabilitation AIR 1961 Assam 101; Talekhal Fishermen's Co-operative Society Vs. Bangladesh BLD(AD) 1981, 103; S.M.S. Samity Vs. Bangladesh 39 DLR (AD) 85. Lawyers Involved: Asrarul Hossain with Mozammel Huq-For the Petitioner. Nazmul Huda with &..

Category: Others | Date: | Hits: 227

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. ......rdinate Judge, 3rd Court, Comilla against the defendant No.1 Respondent No.12, defendant No.2, Respondent No.13 and the present appellants who were defendant Nos. 22, 21, 20, 16 and 14 respectively for declaration of their title in the land in suit on the basis of lease, settlement and purchase in......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. ...... 143; Ajoy Kumar Devi Vs. Manindra Nath Chakraboriy, 32 Cal. 561; Ashfaqul Hossain 1923 Oudh. 252; Mst. Kalpa Vs. Sita Ram & another 1955 All 187 (D.B); Onkar Bhagwan Vs. Gamna 1933 Bom. 205. Lawyers Involved: M. A. Karim with Syed Mahmud Hossain, Advocates-For the Appellants. Mujibu..

Category: Property Law | Date: | Hits: 109

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....�peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......s are: The petitioner on various allegations including the allegation of casting of false votes in the Election of Chairman of Rangamati Union Parishad filed Election Tribunal Case No.4 of 1988 before the Election Tribunal, Fatikchari Upazila, Chittagong. The opposite party herein contested the ......�peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ...... Islam………………………...Opposite Party Judgment April 17, 1989. Result: This Rule is made absolute. Case Referred to- Amelendu Majumder Vs. Selimuzzaman, 7 BLD 114. Lawyers Involved: Salimul Hoque Khan Milky with Shahabuddin Faiz, Advocates-For the Petitioner. ..

Category: Election Law | Date: | Hits: 194

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. ......ntainable and the same is also barred by limitation. They also denied the petitioner’s claim to be owners of adjoining land of the case land. 4. The learned Munsif on perusal of the petition for pre-emption, written objections and evidence adduced by both the parties arrived at the decision......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. ......ases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR 1789; Hajera Bibi Petitioner Vs. Noor Jahan Begum & others, Respondents, 35 DLR (HC) 238. Lawyers Involved: A.K. Badrul Huq, Advocate-For the Petitioners. Hemayetuddin Ahmed, Advocat..

Category: Property Law | Date: | Hits: 100

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21....... 1983, can transfer an appeal preferred from the decision of the Election Tribunal constituted under the provision of the said Ordinance to the Court of Additional District Judge or Subordinate Judge for disposal? 2. Facts relevant to answer the question are that the petitioner was elected a Chai......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......89. Result: The Rule is discharged. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and others, 38 DLR (AD) 172; Kuldip Singh Vs. The State of Punjab and another 1956 (SC) 391. Lawyers Involved: Salimul Hoque Khan Milky with Shahabuddin Faiz, Advocates-For the Petitioner. ..

Category: Election Law | Date: | Hits: 192

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ...... order of dismissal of the Miscellaneous Case and of restoration of Other Suit No.20 of 1980. 2. The opposite parties Nos.1 to 3 filed Other Suit No.20 of 1980 against the petitioners and others for declaration of title to the disputed land and pond on various pleas. The petitioners contested t......le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ...........Opposite Parties Judgment December 5, 1988. Result: The Rule is discharged. Case Referred to- Biswanath Banerjee and others Vs. Amar Nath Mukerjee and others, 1962 Cal. 110. Lawyers Involved: Nurul Islam Chowdhury, Advocate-For the Petitioners. No one-For the Opposite..

Category: Criminal Law | Date: | Hits: 85

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....n filing 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. ......1986 as time barred arising out of conviction and sentence passed by the learned Upazila Magistrate, Purbadhala, District Netrokona dated 6.4.86 convicting the petitioner with rigorous imprisonment for one year and to pay a fine of Tk. 1,000/- with a default order and further convicting and sent......n filing 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. ......ate....................................Respondent Judgment February 6, 1989. Result: This Rule is made absolute. Case Referred to- Hakim Rai Vs. The State, AIR 1957 (Punjab) 134. Lawyers Involved: Khademul Islam Chowdhury, Advocate-For the Petitioner. Matiur Rahman Khan, A..

Category: Procedural Law | Date: | Hits: 122

TK Oil Refinery and Vegetable Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegetable Products (Pvt.) Ltd. and another, 1989, 18 CLC (HCD)

....ter by implication without any substance. There is no merit in this application. Accordingly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ...... passed by the learned Assistant Judge rejecting an application made under Order 7, rule 11 CPC. 2. The petitioners filed the application under Order 7, rule 11 CPC in the Court of Assistant Judge for rejecting the plaint of other Suit No.233 of 1988 instituted by the opposite party No.1 for decl......ter by implication without any substance. There is no merit in this application. Accordingly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ......Products (Pvt.) Ltd. and another...........Opposite Parties Judgment March 27, 1989. Result: The application is rejected. Cases Referred to- 30 DLR 219 (6); 40 DLR (AD) 45 (6). Lawyers Involved: Nurul Huda, Advocate-For the Petitioners. Civil Order No.156 of 1989. Jud..

Category: Labour and Industrial Law | Date: | Hits: 178

Saidur Rahman Vs. State, 1992, 21 CLC (HCD)

....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. ......4 of 1979. The learned Special Judge by his judgment dated 30‑11‑82 found this appellant guilty of the charge under section 409 of the Penal Code and sentenced him to suffer rigorous imprisonment for 3 (three) years and also to pay a fine of Taka 1,35,000.00 in default to suffer RI for 9 months ......look up investigation of the case and on completion of the same submitted charge sheet against the present appellant and two others under 11 MLR. This appellant was placed on trial before the Summary Martial Law Court where 19 witnesses have been examined upto 3‑4‑79 and when the Martial Law was......wdhury J Saidur Rahman........................Appellant Vs. State.....................................Respondent Judgment July 15, 1992. Result: The appeal is hereby allowed. Lawyers Involved: Mansur Habib, Advocate-For the Appellant. A Q Rashid Ahmed, Advocate-For the..

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. ......No. 331 9 of 1991. Judgment Abdul Karim J. - This Rule at the instance of accused petitioner Amalendu Majumder was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the proceedings in GR Case No.23 of 1989 arising out of Nesarabad PS Case No.2 date......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. ......jumder......................…Petitioner Vs. State………………………………………………..Opposite Party Judgment July 3, 1996. Result: The Rule is discharged. Lawyers Involved: Syed Ziaul Karim, Advocate‑For the Petitioner Abdus Salam Mamun, Assistant..

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. ....... ......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. ......e is discharged. Cases Referred to- Pubali Bank Vs. Chalrinan, Labour Court, Dhaka and another, 44 DLR (AD) 40; Chand Miah Talukdar Vs. Chairman, Court of Settlement and another, 45 DLR 304. Lawyers Involved: Khalilur Rahman, Advocate‑For the Petitioner. Mahmudul Islam, Advocate‑F..

Category: Labour and Industrial Law | Date: | Hits: 177

Ahad Miah Vs. State, 1997, 26 CLC (HCD)

....etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......he Bahubal police station on each Sunday, Tuesday and Thursday and to file hazira in the police station indicating compliance of the order and put signature in the register kept in the police station for that purpose. 2. Mr. Nitai Roy Chowdhury submits that the aforesaid conditions imposed by the......etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......Rasool J Ahad Miah .....................Petitioner Vs. State........................................Opposite Party Judgment March 5, 1997. Result: This application is allowed. Lawyers Involved: Nitai Roy Chowdhury, Advocate‑For the Petitioner. Nikhilesh Datta, Advocat..

Category: Criminal Law | Date: | Hits: 86

Gias Uddin Vs. Dhaka Municipal Corporation 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. ......ant thereto should not be declared to be illegal and without lawful authority 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 petit......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. ......ias Uddin............................Petitioner Vs. Dhaka Municipal Corporation and others...............Respondents Judgment November 21, 1996. Result: The Rule is discharged. Lawyers Involved: Idrisur Rahman, Advocate‑For the Petitioner. AQM Shafiullah, Advocate‑Fo..

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. ......sed by the learned Sessions Judge, Brahmanbaria in Sessions Case No.92 of 1991 convicting appellant Seraj Miah under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 2000.00, in default, to suffer rigorous imprisonment for 6 (six) ......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. ...... 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another, 25 DLR 41; Abdas Sabhon Howladar Vs. State, 45 DLR (AD) 134. Lawyers Involved: Md. Khurshid Alam Khan with Md. Ahmed Ali, Advocates‑For the Appellant. AO..

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.......and husband Khondaker Abdur Rashid and also with domestic employees and servants. It is also the case of the petitioner that in connection with Dhanmondi PS Case No. 10(10) 96 dated 12‑10‑96 the aforesaid house was encircled by the police and they wanted to search the house to find out the husba......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.......shid.....................Petitioner Vs. State ........................................................Opposite Party Judgment January 22, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman with Farah Mahbub, Advocates‑For the Petitioner. Munzurul..

Category: Criminal Law | Date: | Hits: 89

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....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. ......cted 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 together with the judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No.139 of 2005. This is ......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. ......ossain Vs. State, 37 DLR (AD) 139; Abul Khayer Vs. State, 46 DLR 212; Lutfun Nahar Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader Vs. State, 4 BLD (AD) 193; State Vs. Lalu Miah, 39 DLR (AD) 117. Lawyers Involved: Salahuddin Talukder, Advocate - For the Condemned Prisoner. Dil Afroza Begum..

Category: Criminal Law | Date: | Hits: 131

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