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Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....ourashava Or­dinance, 1977 which had no manner of application at all in the facts and circumstances of the case. The Municipality can in such circumstances easily proceed under the provisions of the Government and Lo­cal Authority (Lands and Buildings) Recovery of Possession Ordinance, 1970 (Ordin......ssion Ordinance, 1970 (Ordinance No.XXIV of 1970) after canceling the allotments and the te­nancy as the case may be. 7. The Division Bench, therefore, made the 55 Rules Nisi absolute without any order as to posts. 8. Against this judgment and order of the Divi­sion Bench the then Dhaka Pour..

Category: Property Law | Date: | Hits: 145

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......e alleged offence and they have been falsely implicated in the case. 6. The learned Additional Sessions Judge after examination of the P.Ws. and considering evidence on record, by his judgment and order dated 16.2.82 convicted the appellant No.1 Abdul Khalek and ap­pellant No.2 Mohubullah under ..

Category: Criminal Law | Date: | Hits: 101

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....jibur Rah man and amongst the occupants some had filed application for lease of the suit holding. Since the owner Ram Chandra Paul left this county long ago and was permanently residing in India, the Government took over that property as vested, and non‑resident property. The plaintiff created for...... Chandra Paul left this county long ago and was permanently residing in India, the Government took over that property as vested, and non‑resident property. The plaintiff created forged documents in order to grab the suit property. 4. On the aforesaid pleadings of the parties four issues were fr..

Category: Property Law | Date: | Hits: 134

Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)

.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......e Petitioner. Golam Mohiuddin, Advocate - For the Opposite Party. Civil Rule No.210(R) of 1993. Judgment AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite part..

Category: Civil Law | Date: | Hits: 157

State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)

....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ur Rahman called Sikim Ali to his house from the paddykhola of Bahadur and asked him to allow passage through his house. Sikim Ali, did not agree and there was a quarrel between the panics and on the order of Nasim, Khalil drove his sharp sulfi on the abdomen, of Sikim Ali and caused serious injury...

Category: Criminal Law | Date: | Hits: 139

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....esentative in this respect of the people the ultimate sovereigns - and in their interest and for their good. The maintenance of the authority of the judiciary is indispensable to the stability of the Government." This is quoted by Mr. VG Ramachandran in his treatise "The Contempt of Court”, 5th......take up first the case of contemner No.1 Mr. Ashok K Karmaker. The article covering 6 columns is on the ability of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exercise of their power under Article 102 of the Constitution of the People's Republ..

Category: Criminal Law | Date: | Hits: 149

Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)

....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......trash Mulak Aparad Daman Ain 1992. Thereafter on 20.4.90 Sessions Judge Gazipur as, Santrash Mulak Aparad Daman Tribunal registered the same as Tribunal Case No.5 of 1993. 4. It appears from last order dated 23.6.93 that the tribunal framed charge against the accused persons under sections 326/3..

Category: Criminal Law | Date: | Hits: 97

Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)

....ation was contacted by the reporter before punishing the said report to ascertain correctness of the contents of the report and he was informed that due to undue pressure of higher authorities of the Government effective steps could not be taken regarding the allegations against the complainant and ......e petition of complaint. In the result, the Rule is made absolute. Proceedings of CR Case No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..

Category: Criminal Law | Date: | Hits: 125

Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)

....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......ate ‑ For the Petitioner. SR Karmaker, Advocate ‑ For the Opposite Party. Civil Revision No. 670 of 1985. Judgment Abu Sayeed Ahammed J.- This Rule was issued against the Judgment and order dated 28.7.86 passed by the Subordinate Judge, Munshigonj dismissing the Misc. Appeal.382 of 1..

Category: Property Law | Date: | Hits: 106

Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)

....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......site parties. Civil Revision No.3571 of 1993. Judgment Abu Sayeed Ahammed J.- This Rule was obtained by the defendant in SCC Suit No.21 of 1984 (renumbered as SCC Suit No.21 of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defen..

Category: Procedural Law | Date: | Hits: 125

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......id facts and circumstances of the case. the discussions and for the reasons above I hold that the transfer in question made as gift by Ext 3 is beyond the scope of Pre‑emption. So the Judgments and orders of the Court below cannot be sustained and are liable to be set aside. In the result, ther..

Category: Property Law | Date: | Hits: 127

Momshad Reza and 15 others Vs. Chairman, Bangladesh Public Administration Training Centre and others, 1998, 27 CLC (HCD)

....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376.......s separately issued in each of above 16 writ petitions under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order of termination dated 17-8-97 issued under Rule 50(2) of Bangladesh Public Administration Train..

Category: Employment/Service Law | Date: | Hits: 160

Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)

.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... Rouf Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awarding s..

Category: Criminal Law | Date: | Hits: 130

Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)

....nvestigation within the said period of six months, specific order of the (Chief Metropolitan Magistrate or the District Magistrate, as the case may be) shall have to be obtained; Provided that the Government may, by order, revive the case at any time if the case is triable exclusively by Court of......rocedure as those stood before 1992 are as follows: (5) If investigation is not concluded within sixty days from the date of receipt of information relating to the commission of the offence or the order of the Magistrate for such investigation, the Magistrate empowered to take cognizance of such ..

Category: Criminal Law | Date: | Hits: 108

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....We have also a copy of the SPARRSO Newsletter (News and Views about Remote Sensing and Space Technology in Bangladesh) Vol. 4, issue 1, January, 1989 published by the Meteorological Department of the Government of Bangladesh. The learned Counsel of the appellant supplied the copy of the above to us ...... Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the same defendant-appellant against the judgment and order dated 9-2-95 passed by the same Court in Miscellaneous Case No.129 of 1994 under Order 47 rule..

Category: Business or Commercial Law | Date: | Hits: 522

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....... at by the Courts below. The judgment of the Courts below, thus, do not warrant any interference by us. 16. The Rule is devoid of any substance and the same is, accordingly, discharged without any order as to costs. The judgments of the Courts below stand maintained. 17. Order of stay granted ..

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. ......e said Execution Case No.340 of 2005 which was rejected summarily on 4-6-2008 by a Division Bench of this Court, thereafter the peti­tioner Salam and Company being aggrieved by the said judgment and order dated 4-6-2008 passed by the High Court Division in Writ Petition No.4070 of 2008 preferred Ci..

Category: Civil Law | Date: | Hits: 235

Commissioner of Customs, Benapole, Jessore Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others, 2011, 40 CLC (HCD)

....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. ......cate - For the Respondent No.3. Customs Appeal No. 04 of 2010. Judgment Md. Ashfaqul Islam J.- This is an application under section 5 of the Limitation Act for condonation of delay. From the order sheet it appears that the Customs Appeal No.04 of 2010 has been filed before this Division on ..

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.......demned prisoner Manik Bala under section 302 of the Penal Code in Ses­sions Case No.4 of 1987 by his judgment dated 23.4.87. The condemned prisoner has also filed an appeal from the jail against the order of conviction and sentence passed against him by the learned Ses­sion Judge. Both the Referen..

Category: Criminal Law | Date: | Hits: 142

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.......ime to be fixed by the Court; (b) that on failure of the defendant Nos.1 and 2 to execute and register the necessary deed of sale and/or the partnership deed within the time fixed by the Court, an order may kindly be passed for execution and registration of the same through Court at the expense o..

Category: Business or Commercial Law | Date: | Hits: 349