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Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......s the eldest sister of said Shachuma Magni, so under the Burmese Buddhist Law by which they are governed, the plaintiff inherited the entire property left by Schachuma Magni as inheritance under that law does not ascend but descend. The name of the plaintiff was duly mutated but on the objection of ..Category: Property Law | Date: | Hits: 107
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....nted by his wife petitioner Mrs. Shaheda Masood Vs. The State and others) wherein it was observed by a Division Bench of this Court:- "In the said President's Order (P.O. No.129 of 1972) special provisions have been made for speedy recovery of dues from the defaulter in articles 33, 34 and 35......es. The accused appellant with the help of the members of his staff had removed and taken away the said attached machineries some lime after June, 1981. The accused appellant thus dishonestly for unlawful gain committed theft and misappropriated the attached machineries worth Tk. 10,00,000/-(Tak..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......e that plaintiff has obtained the instant rule. 6. It has been urged by Mr. P.C. Guha, the learned Advocate on behalf of the petitioner that the learned Subordinate Judge has committed an error of law resulting in an error in the decision occasioning failure of justice, in not considering the mat..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....l No.534 of 1984 affirming the judgment and order passed by the learned Munsif, 1st. Court, Dhaka in House Rent Case No.486 of 1983 and in that the Rule was issued on 7.12.86 by this Court, where a provisional order was passed allowing the petitioner to deposit rent with the House Rent Controller ......nd there was no trouble but at the later part of the tenancy trouble started. From the legal notice, Ext.A it appears that on 17.8.83 a notice was issued upon Dr. Suraiya at 19, Kakrail, Dhaka by the lawyer appointed by the landlady and it stated that after the expiry of the stipulated time of the..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....urban area ought to have been included in the Sylhet Pourashava for the purpose of election of Commissioners. The declared urban areas have been illegally excluded. He also submits that under the provisions of Union Parishads Ordinance no election of Union Parishad can be held in urban areas. So......dent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the Election Commission (Annexure H) so far as those relate to Sylhet Pourashava shall not be declared to have been made without lawful authority and are of no legal effect. 2. The petitioner is a resident of village Ghashit..Category: Property Law | Date: | Hits: 108
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....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. ...... the informant, mother of Akal Miah asked the accused where they were taking him to. They told her that they had some talks with Akal Miah and for that purpose they were taking him to his father-in-law's house. The informant also saw Alfi Miah, Rangu Miah (since dead) Somed Miah and Dudu Miah at..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......before this Court and obtained the aforesaid rule. 6. Mr. M. A. Mannan, the learned Advocate appearing for the petitioner, submits that the Court of appeal below has committed a serious error of law occasioning failure of justice in not taking into consideration the material point raised in t..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....pukur Upazila Parishad. It is stated in the petition that the impugned order has been issued on some uncertain, vague, and indefinite allegations of misuse of power and violation of the statutory provision by the Chairman. It is also stated that no proceeding has been initiated for the removal o......n vide Memo No.Sha 8/IP-277/87/174 (Annexure 'A') suspending the petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without any lawful authority and is of no legal effect. 2. In the Writ application filed under Article 102 of..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....tion 417 of the Code and as such the material question is, can this suo motu Rule be issued from this Court in exercise of High Court's power of revision under section 439 of the Code. In view of the provision contained in section 439, sub-section 4, that nothing in that section shall be deemed to......84 by the Additional Sessions Judge, Manikganj on 29.9.85 should not be released from custody on the ground that his detention in connection with the said Sessions Case is illegal and unauthorised in law. 2. It appears from the Order Book that again on 13.3.88 the same Division Bench of this Cour..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... the election as a whole to be void if it is satisfied that the result of the election has been materially affected by reason of the failure of any person to comply with, or the contravention of, any provision of the Act or these rules". From the second part of the rule it is clear that before th......er on 9.1.88 and his resignation was duly accepted on 10.1.88 and thereafter there was nothing left for him to do anything else in the matter. As such both the Tribunals below committed an error of law in not accepting his resignation as a final and conclusive one. 5. Both the Tribunals below ..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. ......6/1, Dhaka Nagar Lane, Dhaka, now detained in Chittagong Jail, should not be brought before this Court, so that this Court may satisfy itself that the said detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner Mrs. Alam Ara Huq is the wife of the..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
..... This application was however rejected without assigning any reason on 20.9.88. 4. Mr. Mansur Habib, the learned Advocate appearing for the accused petitioner, submits that according to the provision of section 339C of the Code of Criminal Procedure, the case is to be disposed within 240+3......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)
.... instant case it should be presented to a Court having pecuniary jurisdiction at the relevant time when the suit was filed and was beyond the jurisdiction of the Munsif. Now a question may arise what provision of law it should be sent back to the trial Court for trial as stated above. In the case of...... it should be presented to a Court having pecuniary jurisdiction at the relevant time when the suit was filed and was beyond the jurisdiction of the Munsif. Now a question may arise what provision of law it should be sent back to the trial Court for trial as stated above. In the case of Tripura Char..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....ncement by the highest Court of this country that mere absence of the owner of the property during the war of independence cannot be a ground for declaring the property as an abandoned property under provision of President's Order 16 of 1972 unless the government formed an opinion to the effect that......142 of 1972 and the plaintiff’s opposite party cannot be said to have acquired any right, title or interest on the basis of such transfer, and, as such, the Court of appeal below committed error of law resulting in an error in the decision causing failure of justice in affirming the Judgment and d..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....s standi to move this Court in these two petitions. The learned Advocate contends that no permission or order from the learned Sessions Judge is necessary for any further investigation in view of the provision of section 173(3A) of the Code of Criminal Procedure. He also submits that the petitions f......minal Revision No.1127 of 1994 with Criminal Revision No.1129 of 1994. Judgment Mahmudul Amin Chowdhury J.- These two Criminal Revisions are taken up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....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. ......cording the confessional statement and after completion of the confessional statement he was remanded to the jail custody. He denied the suggestion that the confessional statement was not made as per law. 16. P.W.10 Md. Ayub Ali, Sub inspector of police proved cotton cloths Ext.I,14 bombs Ext. II..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....arged the accused persons. 3. Thereafter by order dated 11.7.91 learned District Magistrate on the prayer of the Public Prosecutor revived the case under section 167(7A) of the said Code. The said provision provides that within 6 (six) months of the order of release under section 167(7) of the Co......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)
....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 that the case ...... 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
Category: Procedural Law | Date: | Hits: 136