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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. ......ssed by the learned District Judge on 10.5.1993. Thereafter the plaintiff‑opposite party before me moved an application under section 24 CPC before this Division for transferring the said execution case from the Court of Subordinate Judge, Lakshimipur to any other Court. Upon such application the ..

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. ......abibur Rahman has been sentenced to imprisonment for life with a fine of Taka 10,000.00 in default, to suffer RI for 6 months more by the Additional District and Sessions Judge, Sunamganj in Sessions case No.46 of 1989 on 17.5.92. The other accused were found not guilty of the offence and thus acqui..

Category: Criminal Law | Date: | Hits: 139

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

....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......icial officer of the Subordinate Judicial Service. We have also read the statements made in the affidavits for apology and mercy filed by the contemners. 4. However, I propose to take up first the case of contemner No.1 Mr. Ashok K Karmaker. The article covering 6 columns is on the ability of the..

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. ......e, Gazipur is quashed but the charge‑sheet under sections 326/307 of the Penal Code against the accused petitioners shall remain in force and the learned Sessions Judge is directed to send back the case record to the Court of District Magistrate, Gazipur for proceeding with the case under sections..

Category: Criminal Law | Date: | Hits: 97

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

....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. ......a rejoinder to the petitioner and the same was not published then it could be said that the petitioner did not act in good faith and for public good. 13. Though facts are a bit different, in, the case of Syed Md. Afzal Hossain Vs. M Selim Idris reported in 15 BLD 362 another Division Bench of th..

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. ......gonj allowing the pre‑emption Misc. Case 36 of 1980 under section 96 of the State Acquisition and Tenancy Act (which shall hereinafter be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ground that they are co‑sh..

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. ......sed defendant‑petitioner but failed. He makes another submission that according to the settled principle of law a revision does not abate and in support of his contention he cited a decision in the case of Khan Sahib Khan Muhammad Saadat Ali Khan Vs. Administrator of the City Corporation of Lahore..

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. ...... was shown as value of the gifted land. Said Nazuma Khatun thereafter gifted the same land to her husband by another registered deed on 7.4.80 (Ext. A) who is opposite party No.2 in the pre‑emption case, the present petitioner Hafiz Ahmed. The document was endorsed under section 60 of the Registra..

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.......rmination simpliciter and if there be no stigma against the terminated employees. But if there be any stigma against the employees the termination will be, in fact, punishment in disguise and in that case there will be need for service of show cause notices as required under Rule 37 of the said Empl..

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....... was lodged on the same date by P.W.1, Md. Matiur Rahman, the father of the deceased Mahbubur Rahman. Mahbubur Rahman was eldest son of Matiur Rahman. 2. The short facts leading to the prosecution case are that, at about 7-00 AM on 2-10-92, the victim Mahbubur Rahman went to the attached house of..

Category: Criminal Law | Date: | Hits: 130

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

....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......2 pending in the Court of Divisional Special Judge, Khulna arising out of DAB GR No.3 of 1999 corresponding to Mirpur PS Case No.9 dated 29-7-92 should not be quashed. 2. It appears that the above case was started on the basis of First Information Report lodged by District Anti-Corruption Officer..

Category: Criminal Law | Date: | Hits: 108

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

....5-12-88 PDB supplied power irregularly for few hours. The definite and specific case of the plaintiff is the failure of public power supply to the plaintiff plant at 8-35 AM on 28-11-88, which is the root cause of deterioration of stock. That is the basis of the case of the plaintiff for making the ......e same Judgment and out of same and identical facts and those having been heard analogously by this Court, we like to dispose of the said appeals by the same judgment as follows: 4. The plaintiffs case is that, he filed the aforesaid Money Suit on the facts, inter alia, in short, that, the plaint..

Category: Business or Commercial Law | Date: | Hits: 525

State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)

....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355....... Syed Abu Kowser Assistant Attorney-General - For the State. Death Reference No.20 of 1994 with Criminal Appeal No.1846, 1850 and 1990 of 1994. Judgment Mohammad Gholam Rabbani J.- In this case of death reference all the six accused have been sentenced to death for committing a murder. Co..

Category: Criminal Law | Date: | Hits: 129

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.......-6-95 and since then, the defendant No.1 did not maintain her and did not pay a single farthing for her maintenance. The defendant No.1 took a second wife without her consent and she filed a criminal case against the defendant. 5. The defendant No.1 contested the suit by presenting a written stat..

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. ......in 60(sixty) days but the judgment debtor did not pay the decreetal amount so the respondent Bank filed Artha Rin Execution Case No.340 of 2005 before the same Court. During pendency of the execution case both the judgment debtor and the decree holder Bank (Islami Bank Bangladesh Ltd.) compromised t..

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. ......ppellant Commissioner of Customs has now filed this application for condonation of delay of 17 days. 2. Section 96D of Customs Act, 1969 pro­vides for filing appeal within 90 days. In the instant case, the petitioner on 1-2-2010 received the copy of the impugned order dated 21-10-2009 and failed..

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.......il against the order of conviction and sentence passed against him by the learned Ses­sion Judge. Both the Reference and the Jail appeal are being disposed of by this judgment. 2. The prosecution case, in brief, is that the condemned prisoner and co-accused Serajul Hoque have committed the murde..

Category: Criminal Law | Date: | Hits: 142

Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)

.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......nce of the offence under section 467 of the Penal Code has been taken against the accused in contra­vention of the provisions of sections 195 and 476 of the Code of Criminal Procedure. 2. In this case complainant Md. Zakaria lodged complaint against the accused petitioner Sona Mia and others sta..

Category: Criminal Law | Date: | Hits: 107

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....s. on this, point can not be relied upon. The laches on the part of the plaintiffs in failing to take any step from 1973 to 1978 to fulfill the alleged contract is truly serious and it strikes at the root of the plaintiffs' case of contract. The deposition of the plaintiff No.1 as P.W.1 in his cross......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 of the plaintiffs. 3. The plaintiffs' case, in short, is that the de­fendant No.1 Abul Hasan Khan and other 15 mem­bers of his family we..

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....... the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that he is the Assistant Teacher of the Crescent High School of..

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