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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....... State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General with Obaidur Rah­man Mostafa, M. A. R......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...

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.......dhury and others, PLD 1957 Da 209; 1928 Nag 223; AIR 1931 Mad 512; AIR 1928 Nag 223; M/s. Bengal Friends and Co. Dha­ka Vs. M/s. Gaur Benode Sana & Co. Calcutta & another, 21 DLR(SC) 357. Lawyers Involved: T.H. Khan with M.I. Farooqui and M. Salimullah, Advocates - For the Appellants.......sons who at­tended them are, in our opinion, material facts and the plaintiffs having omitted to mention them in the plaint they can not be permitted to give evidence thereof at the trial in view of Order 6, rule 2, Civil Procedure Code without amendment of the plaint un­der Order 6, rule 17, C.P...

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

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......on, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is discharged. Cases Referred to: PLD 1961 (SC) 403; 21 DLR 522; 33 DLR 29; 18 DLR 299. Lawyers Involved: Md. Korban Ali, Advocate — For the Petitioner. Md. Khalilur Rahman with Sk...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...

Category: Labour and Industrial Law | Date: | Hits: 184

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ...... J ABM Khairul Haque J Khalilur Rahman (Md.) alias Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..

Category: Others | Date: | Hits: 159

Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)

....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341....... Vs. Monwara Hospital & others..........Opposite Parties Judgment August 21, 1997. Result: The Rule is made absolute. Cases Referred to- 43 DLR (AD) 107; 43 DLR (AD) 160. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad, Advocates - For the Petitioners. Md. Rou......aka in title suit No.62 of 1991 wherein the seamed Court has added 3rd party as defendant No.3 in the suit and passed order for amendment of plaint and correction of suit register, accordingly, under Order I, rule 10(2) of the Code of Civil Procedure. 2. The plaintiff-opposite party No.1 on 28-1-..

Category: Procedural Law | Date: | Hits: 121

Abdur Rahim (Md.) Vs. Bangladesh Sarak Paribahan Corporation, represented by its Chairman, 1998, 27 CLC (HCD)

....issued without lawful authority and is of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 339. ......)…………Petitioner Vs. Bangladesh Sarak Paribahan Corporation, represented by its Chairman……..Respondent Judgment November 18, 1998. Result: The Rule is made absolute. Lawyers Involved: Md. Waliul Islam, Advocate- For the Petitioner. Md. Bodruddoza, Advocate - F......rter Joar Shahara, Khilkhet, PS Cantonment, and Dhaka in 1993 and since then he has been residing with his family. His service was illegally terminated for his Trade Union activities vide respondents Order dated 14-12-96. Being aggrieved by the termination he filed a case being Complaint Case No.9 o..

Category: Labour and Industrial Law | Date: | Hits: 176

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......olute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473; ILR 13 (Allahabad) 30; 8 DLR 307. Lawyers Involved: Rais Uddin Ahmed, Advocate - For the Petitioner. AY Masihuzzaman, Advocate -......f 1979. This Miscellaneous case on contest was dismissed by the Trial Court vide it's order dated 9-2-1999 where against the petitioner moved this Court in its Revisional and obtained a Rule in Civil Order No.1664 of 1999 on 16-5-1999 which ultimately was rejected this Court by its order 16-5-1999. ..

Category: Alternative Dispute Resolution | Date: | Hits: 291

Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)

....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......……………Opposite Party (In Criminal Appeal No.2229 of 1991) Judgment June 19, 1994. Result: The Criminal Appeal No.2266 of 1991 and Criminal Appeal No.2229 of 1991 are allowed. Lawyers Involved: Serajul Huq with Md. Anisul Haque & M. Faruqe, Advocates ‑ For the Appell......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..

Category: Criminal Law | Date: | Hits: 147

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ...... The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BLT 150. Lawyers Involved: Abdul Quayum with Md. Ismail and JBM Hassan, Advocates — For the Petitioner ......op, I am to decide the litigation involving the question of settlement of the Government Khas land. 17. Mr. Momtazuddin Ahmed, the learned Counsel for the opposite parties, referred to (Government Order) GO No.2L-77/70/223 RL dated the 2nd April, 1972. He reads Clause 8 of that GO and this is as ..

Category: Property Law | Date: | Hits: 105

Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)

....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......d. Joynul Abedin J Humayun Matubbar…..………….Appellant Vs. State……........Respondent Judgment June 2, 1998. Result: The appeal is dismissed with the modification. Lawyers Involved: Shaukat Ali Khan, Advocate — For the Appellant. Syed Abu Kowser, Assistant......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..

Category: Criminal Law | Date: | Hits: 108

Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)

.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......er Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Altaf Hossain Khan, Dep...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...

Category: Property Law | Date: | Hits: 156

Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)

....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......Result: The impugned order is set aside. Cases Referred to- Sunahar Ali Vs. Akuali, PLD 1957 (Dhaka) 603; Narsidas Nathubhai Vohra Vs. Manharsingh Agarsing Thakor, AIR 1931 Bombay 247. Lawyers Involved: Abdul Momen Chowdhury, Advocate — For the Petitioner Rabi Shanker Chakraba......Shanker Chakrabarty, Advocate — For Opposite Party Nos.1 and 2. Civil Revision No.1808 of 1997. Judgment Md. Fazal Karim J.- This Rule, at the instance of the plaintiff is directed against Order No.2 dated 17-11-96 in Other Suit No.146 of 1996 passed by Senior Assistant Judge. Acting Judg..

Category: Procedural Law | Date: | Hits: 178

Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)

....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......in J Abdur Rahman………..........….Petitioner Vs. Sajjadur Rahman…………..……………..Opposite Party Judgment April 15, 1999. Result: The Rule is made absolute. Lawyers Involved: SK Sinha — For the Petitioner. Not Represented —For the Opposite party. ......reason. 5. The question that has arisen in the facts and circumstances of the case is, as to whether the trial Court has acted in accordance with law in accepting the additional written statement. Order 8 rule 9 of the Code of Civil Procedure deals with additional written statement. Any statement..

Category: Procedural Law | Date: | Hits: 148

Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)

....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......rty Judgment July 8, 1998. Result: The Rule is discharged. Cases Referred to- Purvada Satyanarayan Amurthy Vs. Gadeppalli Sundara Rao, AIR 1938 (Madras) 603. Lawyers Involved: Md. Mokhlesur Rahman, Advocate-For the Petitioner. Syed Mahmud Hossain, Ad......upon the opposite party to show cause as to why the judgment and order dated 27-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing Miscellaneous Case No.7 of 1998 under Order 9 rule 13 of the Code of Civil Procedure which was preferred against the ex parte decree dated..

Category: Procedural Law | Date: | Hits: 131

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......bu Musa Chowdhury, 1 BCR (1981) 407; Asadunnessa and others Vs. Qumarazzaman and others, 26 DLR 363; Sobharadri Vs. Parthasarathi, AIR 1932 Madras 583; Sankarlinga Vs. Ratnaswami AIR 1952 Mad 389. Lawyers Involved: MI Farooqui, with Md. Salimullah, Advocates— For the Appellant. M Nurullah......it for specific performance of contract and that the government having not being impleaded in time, the suit was barred by limitation and liable to be dismissed as such. Article 6 of President’s Order No.142 of 1972 reads as follows- “No person shall, without joining the government which ..

Category: Property Law | Date: | Hits: 120

Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)

....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......1 DLR (SC) 200; AIR 1961 (SC) 751, 765; 13 DLR 794; 16 DLR 537; 17 DLR 191; PLD 1972 (SC) 362; AIR 1961 (SC) 849; AIR 1980 (SC) 303, 305; PLD 1973 (SC) 589; 5 DLR 233; 4 DLR 394; AIR 1962 ALL 503. Lawyers Involved: Mashi-Ul-Islam, Advocate - For the Petition­ers. P.K. Bosu with Mansur Babi......n Ahmed, Deputy Attorney General - Amicus curiae. Civil Revision No.285 of 1988 with 520 of 1988. Judgment Muhammad Ansar Ali J.- These two Rules arise out of the same and one order, namely, Order No.55G dated 19.5.87 passed by the learned District Judge, Bogra by which about 364 (three hun..

Category: Procedural Law | Date: | Hits: 152

Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)

....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.................Respondents Judgment May 2, 1989. Result: The Rule is made absolute. Case Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR 1957 Rajasthan 134. Lawyers Involved: Syed Ishtiaq Ahmed with Mvi. Md. Wahidullah and Md. Feroz Shah, Advocates - For......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...

Category: Election Law | Date: | Hits: 216

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

....­valid and to be of no legal effect and as to why fresh election in accordance with law shall not be declared to be held in the said Union Parishad. 2. The petitioner alleges that for violation of Martial Law Regulation Nos.14 and 15 of 1982, i.e., for unauthorised detention and illegal possessio......ee..................Petitioner Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others...............Respondents Judgment April 30, 1989. Result: The Rule is discharged. Lawyers Involved: Rafiqur Rahman, Advocate - For the Petitioner. S.S. Haider, Advocate - For R......es passed by the Military Courts, if not already executed, will be put into execution under the warrant of the Sessions Judge. Investiga­tion of offences punishable under Martial Law Regu­lation or Orders shall be instituted or carried under the ordinary law and the trial after investigation shall..

Category: Election Law | Date: | Hits: 220

Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)

....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sum­marily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ............Petitioners Vs. The State………………………………………………..Opposite Party Judgment October 26, 1988. Result: The application is sum­marily rejected. Lawyers Involved: ABM Nurul Islam, Advocate —For the Peti­tioner. Civil Revision No.392 of ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sum­marily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..

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 ap­pellate 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.......2, 1988. Result: The Rule is discharged Cases Referred to- Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 DLR (SC) 78. Lawyers Involved: M. Fazlul Karim, with Mustafa Kamal Pasha, Advocate—For the Petitioners. A......ore me. I affirm the judgment and decree of the lower ap­pellate 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...

Category: Property Law | Date: | Hits: 95