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Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....nother…………………………Appellant Vs. State……………………Respondent Judgment November 16, 1994. Result: The appeal is allowed. Cases Referred to- Bharavad Bhikha Valu & others Vs. State of Gujrat, AIR 1971 Supreme Court 1064; State Vs. Badiuzzaman ......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......wdhury, Advocates - For the Appellants. Md. Latif, Advocate ‑ For the State. Criminal Appeal No. 339 of 1985. Judgment MM Ruhul Amin J.- This appeal is directed against the Judgment and order dated 13.8.1985 passed by the learned Sessions Judge, Narayanganj in Sessions case No.18 of 19......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....n pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......isul Huq, Advocates — For the Respondents. Criminal Revision No.512 of 1996. Judgment Badrul Islam Choudhury J.- Rule was issued calling upon the opposite party to show cause as to why the order dated 8-7-96 passed by the Sessions Judge, Brahmanbaria in Criminal Motion No.10 of 1996 shoul...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....he opposite party No.1 named Kabir Ahmed was the petitioner before the Election Tribunal who filed the Election Petition stating, inter alia, that he contested the election of 8, Durgapur Union Parishad under PS Mirsarai, in the election that took place on 22-1-92 and that in the polling station of ......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......tive cases of the parties they produced evidence, documentary and oral. The Election Tribunal and the learned Assistant Judge after hearing the parties dismissed the election petition by judgment and order dated 30-5-1995 against which an appeal was filed by the opposite party before the learned Dis......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....ds rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......a matter decided earlier by it rendering a decision giving finality is the question which requires an answer in this Rule. 2. Rule was issued calling upon the opposite party No.1 to show cause why order dated 29-6-1997 passed by the learned Additional District Judge, Second Court, Bogra in Other ......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....‘Kupi bati, all of a sudden 10/12 miscreants, coming from village Ulipur attacked Afazuddin shouting ‘‘Secretary, where would you go today,” put out the lamp, and started hitting him with a spade (kodal). Hearing the noise, Sohrab, who was fishing at a distance of about 100 yards came forwar......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397........ Khandker Mahboob Alam, Assistant Attorney-General — For the State. Criminal Appeal No.2735 of 1998. Judgment Kazi ATM Manowaruddin J.- This appeal is directed against the judgment and order dated 8-11-98 passed by the learned Additional Sessions Judge, Dinajpur, in Session Case No.40......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
....90) 346. ...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... the detenu was arrested under section 54 of the Code of Criminal Procedure on 19.10.89 and on the following day that is on 20.10.89 the District Magistrate, Bakerganj, Barisal issued the detention order directing his detention for 30 days with effect from the date of order i.e. 20.10.89. Then on ...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ..Category: Criminal Law | Date: | Hits: 117
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
.... Chand Mian (Md.)........................Petitioner Vs. Khodeza Bibi and others……………..........Opposite parties Judgment November 6, 1989. Result: The result the Rule is made absolute. Cases Referred to- Dabindar Singh Vs. Mst. Lachmindar AIR 1930 Lah 985. Lawye......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......y needing independent advice. 14. For all the above reasons the judgment and decree of the appellate Court below cannot be sustained. 15. In the result the Rule is made absolute but without any order as to costs. The trial Court at the time of decreeing the suit did not require the plaintiff......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
.... Begum (Mst.)....…........................Petitioner Vs. Government of Bangladesh and others.....................opposite parties Judgment October 25, 1989. Result: The Rule is made absolute. Lawyers Involved: M.M. Haider Ali, Advocate—For the Petitioner. Fakhrul ......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......- This Rule Nisi was issued on an application under Article 102 of the Constitution calling upon the respondents namely, Government of Bangladesh, Court of Settlement and others to show cause why the order dated 17.8.1987 passed by the Chairman and one Member of the Court of Settlement under Abandon......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......Fazlul Karim, Advocate—For the Respondents. Writ Petition No. 390 of 1986 Judgment Md. Abdul Jalil J. - This Rule Nisi at the instance of the Employer was issued against a judgment and order dated 10.9.86 passed by the Chairman, Labour Court, Chittagong in I.R.O. Case No.41 of 1986 ......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...Category: Labour and Industrial Law | Date: | Hits: 193
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....s Case is also Reported in: 42 DLR (HCD) (1990) 332. ......zi Shafiuddin J. - This Rule is directed against the judgment and order dated 23.1.1989 passed by the Subordinate Judge, Second Court, Sylhet in Title Suit No.147 of 1988 confirming the order of ad interim injunction passed on 26.9.1988 against the defendant petitioner Nos.27 and 28. 2. Short f......r Rahman Chowdhury with Md. Shamsul Hossain, Advocates—For the Opposite Parties. Civil Revision No. 43 of 1989. Judgment Qazi Shafiuddin J. - This Rule is directed against the judgment and order dated 23.1.1989 passed by the Subordinate Judge, Second Court, Sylhet in Title Suit No.147 of ......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....bsolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......rected the Registrar of Trade Union by order dated 12.7.1988 to show cause within three days from the date of the receipt of the notice against the order of injunction with a simultaneous order of ad interim injunction. The defendants appeared and filed written objection against the order of ad-in......vision Nos. 329 and 330 of 1988. Judgment AKM Sadeque J. - These two Rules obtained by the plaintiff under section 115(1) of the Code of Civil Procedure are directed against the judgment and order dated 14.11.1988 passed by Subordinate Judge, Second Commercial Court at Sadar, Chittagong i......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....e vessel) in which the alleged bunkers were supplied. Defendant No.2 is the Master of the vessel while defendant No.3. Momtaz Shipping and defendant No.4 is the owner of the vessel. 2. The facts leading to the filing of this admiralty suit, as stated in the plaint, in brief, are that on the reque......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......ove with a further prayer for arrest of the vessel, which was also allowed. In due course the said vessel was released on furnishing bank guarantee on the claimed amount of Taka 35,35,33,519.64 by an order of this Court passed on 5th February, 1997. 3. In due course, statement was filed on behalf......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
.... Case is also Reported in: 51 DLR (HCD) (1999) 471.......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......……………..Petitioner Vs. District Magistrate, Jessore and others…………………………Respondent Judgment June 21, 1999. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Abdur Rahim, Advocate — For the Petitioner AKM Sh......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471...Category: Criminal Law | Date: | Hits: 132
....ent contested by filing written statement. Defendant’s case is that Suphir Kumar Lahiri, the original owner of the suit land, left this country in the year 1965 and, as such, the suit property was made at first enemy property vide enemy property case in 1965-68 and thereafter vested and non reside......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......aintiff obtained the deed of purchase of the suit land fraudulently and collusively which does not impart any title to the plaintiff. It is on record that the suit property was made enemy property by order dated 3-12-65 in EP case No.195. Subsequently it, by operation of law, became vested and non-r......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470...
Category: Property Law | Date: | Hits: 130
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
.... the respondents to show cause as to why the deed of release being 3092 dated 2-4-84 executed by respondent No.1 in favour of one Abdul Khaleque Munshi and others should not be declared to have been made without lawful authority and of no legal effect and why the respondent No.1, RAJUK should not be......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......t of Wards……………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and another…………...Respondents Judgment August 12, 1998. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Dr. Kamal Hossain with Md. Shahidul Alam Chowdhury, Advoc......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462...Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....contested the granting of Letters of Administration by filing two separate written objections against the opposite party No.1 challenging his competency, integrity and that the next of kins were not made parties and those who are not legal heirs are made parties. Further alleging that the previous e......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......ers…….……….Petitioner Vs. Sailendra Kishore Chowdhury and others…………………Opposite Parties Judgment November 24, 1998. Result: The Rule is discharged without any order as to costs. Case Referred to- TJ George Vs. Mrs. Lucy Kochuvareed, Cr AIR 1963 Kerala 1......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460...Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......neral — For the State. Criminal Revision No.413 of 1997 and Criminal Revision No. 246 of 1997. Judgment Md. Hamidul Haque J.- Both the Rules are directed against the Judgment and orders passed by the learned Additional Sessions Judge, 1st Court, Barisal in Criminal Appeal No.4 (......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
.... Abu Sayeed Ahammed J Najabatullah………..........Petitioner Vs. Alokeshi Namasudra and others………………Opposite Parties Judgment March 1, 1998. Result: The Rules are made absolute. Lawyers Involved: SB Barua with Md. Abul Bashar, Advocates- For the Petitioner. ......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......hall allow the petitioner plaintiff to get the thumb impression of the defendants No.3, in the bainapatra, compared and examined by a thumb impression expert with her specimen thumb impression. After order of remand when the suit was pending in the trial Court, the defendant 3 did not tarn up before......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
.... judgment and decree dated 2-1-1993, passed by the Assistant Judge, Patnitola, Naogaon in Other Class Suit no. 30 of 1985, who dismissed the suit. 2. The suit has been filed by one Osimon Bewa, admittedly paternal grandmother of the defendants 1-4 who are the present petitioners, for cancellat......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......f Mr. Mondal that the suit is not maintainable for cancellation of the deeds is not tenable in law. 14. Section 39 of the Specific Relief Act reads as follows: “When cancellation may be ordered.- Any person against whom a written instrument is void or voidable who has reasonable appreh......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....d in: 51 DLR (HCD) (1999) 447.......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......n towards the plaintiff not to violate the possession of the plaintiff or in other words not to dispossess the plaintiffs from their alleged possession in the entire suit land. 13. So to get an order of permanent injunction, plaintiff must prove that the government has granted settlement of th......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...Category: Property Law | Date: | Hits: 103
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