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Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)

....o answer a charge under section 302/109 Penal Code. Each of the above named appellants was found guilty to the charge framed against each of them and convicted thereunder and sentenced to suffer imprisonment for life and to pay a fine of Taka 1000/‑, in default, the property of each appellant was ......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ....... Judgment Syed Fazle Ahmed J.- Appellants 1) Ali Ahmed Malaker Ca) Kunai Malaker 2) Atabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur in Session Case No. 233 of 1983 to answe......te. Criminal Appeal No. 160 of 1984. Judgment Syed Fazle Ahmed J.- Appellants 1) Ali Ahmed Malaker Ca) Kunai Malaker 2) Atabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur i..

Category: Criminal Law | Date: | Hits: 67

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....on such terms and conditions as may be specified therein. Sub-section (2) of Section 5A provided that the Government shall notify the fact of such transfer in the Official Gazette and declare BTTB dissolved as soon as the entire undertaking of BTTB has been transferred to the public company. Sub-sec......gate the Bangladesh Civil Service (Reorganisation) Order, 1980, creating various cadres for the service of the Republic by S.R.O. No. 286-L/80/ED(IC)SII-92/80-98 dated 1.9.1980 which included a cadre called BCS (Engineering: Telecommunication). 5. The Bangladesh Civil Service (Engineering: Telec......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......1 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..

Category: Constitutional Law | Date: | Hits: 145

Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)

....-1990 passed by learned Additional Sessions Judge, Pirojpur, in Session Case no. 29 of 1989 convicting the appellant in absentia under Section 326A of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case as projected in the First Information Report and unfur...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......appellant in absentia under Section 326A of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case as projected in the First Information Report and unfurled at trial are that on 29-02-1988 at 17.00 hours Pushpa Rani Barai (P.W.2) and Kajaln (P.W.5) daughters o......ul Karim, Assistant Attorney General -For the respondent. Criminal Appeal No.161 of 1997. Judgment Syed Md. Ziaul Karim J. - By this appeal, the convict appellant has challenged the legality and propriety of Judgment and order of conviction and sentence dated 26-08-1990 passed by learned Ad..

Category: Criminal Law | Date: | Hits: 74

Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)

....of Kapashia Police Station Case No. 6(3)92 corresponding to G.R. No.30 of 1992 convicting the appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that one Saiful Islam, brother of the de...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......�…………………………..Respondent Judgment March 26 & 27, 2011. Lawyers Involved: No one-For the appellants. Md. Selim, Deputy Attorney-General with Md. Ensanuddin Sheikh and Md. Nurul Islam Matubber, Assistant Attorney-Generals-For the State. Criminal Appeal No.2136 ..

Category: Criminal Law | Date: | Hits: 69

Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)

.... application for examination and report of the LTI of defendant No.1 Nihar Bala appearing on two sale‑deeds 29.6.88 executed and registered by her in favour of the defendant‑petitioner along with some other LTIs of the said Nihar Bala appearing in some other documents filed in the Court in conne......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......amining the LTI of Nihar Bala the executant of their purchase deeds and comparing the same with some other admitted LTIs appearing in some documents filed in connection with the suit, is allowed. The trial Court will fix up the necessary costs for the purpose and direct the defendant‑petitioners t...... Reported in: 45 DLR (HCD) (1993) 169. ..

Category: Procedural Law | Date: | Hits: 84

North Bengal Paper Mills Ltd. Vs. The Chairman Labour Court, Lakshmipur, Rajshahi and others, 1991, 20 CLC (HCD)

....ction 34 of the Ordinance inasmuch as he contends, the respondents are workers within the meaning of section 2(p) of the Shops and Establishments Act, 1965 as section 2(p) uses the expression 'any person' in the definition of worker. Under section 34 of the Ordinance a workman can enforce any right ......uque, Advocate ‑ For the Respondents. Writ Petition No.345 of 1985 (Dhaka) and Writ Petition No.23 of 1989 (Rangpur). Judgment AM Mahmudur Rahman J.- By this Rule Nisi the respondents were called upon to show cause as to why the impugned judgment and order passed on 7.8.85 by respondent N......lity Company incorporated under the Companies Act, 1913. The respondents (respondent No.28 since deceased) instituted IRO Case No.24 of 1984 in the Labour Court, Rajshahi under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter shall be referred to as the Ordinance) read with sectio......ginal Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J North Bengal Paper Mills Ltd..............Petitioner Vs. The Chairman Labour Court, Lakshmipur, Rajshahi and others...............Respondents Judgment July 1, 1991. Lawyers Involved: Khalilur R..

Category: Labour and Industrial Law | Date: | Hits: 112

Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)

....Ansar Ali J Arshad Ali……………………Petitioner Vs. Momtaz Ali and another................. Opposite Party Judgment December 9, 1991. Cases Referred To- Ganeshmal Vs. Kesorain Cotton Mills Ltd., 55 CWN page 349 (355) Lawyers Involved: SR Karmaker, Advocate ‑ Fo......alleged service of summons by hanging on the outer door of his house or on the fencing of his dwelling hut or on any conspicuous part of the same in presence of the witnesses as mentioned in the so‑called service‑return was not genuine. The process‑server being a colleague of the plaintiff‑p...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......LR (HCD) (1993) 164. ..

Category: Procedural Law | Date: | Hits: 94

Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....e and is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2. Facts relevant for disposal of the...... case the suit was instituted on 16.8.88 and the missing documents on their recovery were filed by a firisti on 25.2.89 i.e. after a delay of about 6 months and a few days which in our view cannot be called to be an inordinate delay in the facts and circumstances of the case. It appears from the fir......e the documents are official records of undoubted authenticity, which may assist the Court to decide rightly the issues before it. But it would be wrong to say that there is no discretion left in the trial Court when it is a matter of admitting such public records at a late stage. The Court has a di......d Ansar Ali J Moyezuddin Mondal...............Petitioner Vs. Bena Rani Das & others.................Opposite Parties Judgment January 14, 1992. Cases Referred To- MA Jahangir and others Vs. Abdul Hakk and others, 41 DLR page 389; Kanda and others Vs. Waghu, 3 DLR (PC) 310; F..

Category: Procedural Law | Date: | Hits: 76

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

....AIR 1975 (Karnatak) 200; Fazle Karim Khan Vs. Naderuzzaman and other, 10 DLR (1958) 632; Arts Council of Pakistan Vs. Raizuddin Pirzada, PLD (Karachi) 1969 P 349; Charles S Brown Vs. Albert Donugh Hanson, AIR 1933 (Bom) 185; Arts Council of Pakistan Vs. Reazuddin Pirzada, PLD 1969 (Kar) 349; Wahid S......appeal against decree or order lies directly to the High Court or to the District Judge's Court. 9. In this respect the following provisions of sections 15 and 16 of the Code of Civil Procedure is called for consideration in the matter: "15. Court in which suits to be instituted.- Every suit s......nt decision on the subject, that section 115 applies only to cases in which an appeal lies, and, where the Legislature has provided no right of appeal, the manifest intention is that the order of the trial Court, right or wrong, shall be final." 11. The next point urged by Mr. MA Rahim, the learn......394. ..

Category: Administrative Law | Date: | Hits: 189

Khokan Vs. State, 1990, 19 CLC (HCD)

....Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......edure and accordingly the abscondence of the accused persons was notified in the official Gazette and the Daily Inqilab and the record was sent to the learned Senior Special Tribunal Judge, Dhaka for trial. The Senior Special Tribunal, Dhaka received the record on 7.2.89 and in view of the notificat......or the Appellants. Salma Masud, Advocate ‑ For the State. Criminal Appeal Nos. 132 & 172 of 1989. Judgment Abdul Bari Sarker J. - These two appeals are directed against the judgment and order of conviction and sentence passed by Mr. Md. Abu Baker Siddique, Additional District and S..

Category: Criminal Law | Date: | Hits: 67

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

....Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents. Judgment February 11, 1991. Cases Referred to- Liversidge Vs. Sir John Anderson and another (1942 AC 206); Golam Jilani Vs. Government of West Pakistan (19 DLR (SC) 403), Mir A......e application that the detenu had actively participated is the student politics and democratic movements during his student‑life; that he obtained his MA degree from the University of Dhaka and was called to the Bar as a Barrister‑at‑Law in the year 1966 and was enrolled as an Advocate of this......detaining authority was based. 28. The object of enactment of the Special Powers Act, 1974 was to provide for special measures for the prevention of certain prejudicial activities, for more speedy trial and effective punishment of certain grave offences and for matter connected therewith. Since t......l Jurisdiction) Present: Mohammad Ismailuddin Sarker J Md. Badruzzaman J M Mahmood..................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents. Judgment February 11, 1991. Cases Referred to- Liv..

Category: Constitutional Law | Date: | Hits: 178

Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)

....alias Bachhu……………..Petitioner Vs. Abdul Latif being dead his heirs (Ka) Rojia Khatun and others……….Opposite parties Judgment May 21, 2009. Result: The Rule is made absolut. Lawyers Involved: Nikhilesh Dutta-For the petitioner. No one-For the opposite parti......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......er order 5 Rule 17 of the Code of Civil Procedure.” 14. The main point for determination is whether the summons have been duly served upon the defendants of the original suit. The finding of the trial Court is that the summons were served under order 5 Rule 17 of the CPC. After giving such kind......ision (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abul Hashem alias Bachhu……………..Petitioner Vs. Abdul Latif being dead his heirs (Ka) Rojia Khatun and others……….Opposite parties Judgment May 21, 2009. Result: The Rule is made abs..

Category: Property Law | Date: | Hits: 82

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

....ed Mahmud Hossain J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Anika Ali, daughter of late Kazi Haider Ali..................Petitioner Vs. Rezwanul Ahsan, son of Monjurul Ahsan Munshi.........Respondents Judgment June 9, 2011. Cases Referred To- ......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ...... was entitled under Muslim Law, Courts did not hesitate to do so.” In this case the eight year old child was also asked about his preference, and such preference was taken into consideration by the trial Court before giving custody to the mother. The matters to be considered before deciding the is...... Ahsan, son of Monjurul Ahsan Munshi.........Respondents Judgment June 9, 2011. Cases Referred To- Abdul Majid Sarker Vs. The State, 55 DLR (AD)1; Badiur Rahman Chowdhury Vs. Nazrul Islam and another, 16 BLD (AD) 263; Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 50 DLR (AD) 55; A..

Category: Family Law | Date: | Hits: 327

Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)

....2012) 314. ......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......pplication. After hearing the application in part 22.02.2003 was fixed for further hearing, but the plaintiff-respondent No.1 herein did not take any steps in this regard and the case proceeded to trial. The learned advocate further submits that the deposition of the plaintiff clearly shows that......, Advocate-on-Record-For respondent No.1. Not represented- respondent No.2 & 3. Civil Petition for Leave to Appeal No.2239 of 2010. Arising out of C.M.P.No.716 of 2010. (From the judgment and decree dated 03.08.2010 passed by the High Court Division in F.A. No. 281 of 2008.) Order ..

Category: Property Law | Date: | Hits: 98

Dulal and others Vs. State, 1990, 19 CLC (HCD)

....s and perused the application. 3. The accused ‑petitioners were convicted in absentia by the Magistrate, 1 st Class, Mymensingh, Sadar under section 384 BPC and sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Tk. 2000.00 each, in default to suffer simple imprisonment ......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......thin two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ..

Category: Criminal Law | Date: | Hits: 60

Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)

....…......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus Sobhan, the appellant appears in person. Not represented-the Opposite Party. Appeal from Original Decree No. 5 of 1975. Judgmen......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......ase is against the evidence on record and the Trial Judge has failed to decide this case on proper interpretation on law and fact involved in this case. Consequently, we set aside the judgment of the trial Court and decree the suit. In the facts and circumstances of the case a decree for Taka 5,000.......ivision (Civil Appellate Jurisdiction) Present: Latifur Rahman J Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus..

Category: Civil Law | Date: | Hits: 89

Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)

....eply thereto, furnished 42 names claiming them to be co‑sharers in the disputed holding on behalf of the pre‑emptors an application was subsequently made seeking exemption from adding the said persons. The prayer was allowed. After a lapse of about 5 months, the pre‑emptors made a prayer for a......me on the ground that on their own prayer, the pre‑emptors were allowed exemption from adding the said persons and so they were not entitled to make such a prayer. Being aggrieved the pre‑emptors called in question the propriety of the order in this rule. 2. Heard the learned Advocate and per......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ...... This Case is also Reported in: 43 DLR (1991) 313. ..

Category: Procedural Law | Date: | Hits: 81

Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)

....t be set aside and Trade Mark Registry be not rectified accordingly. 2. The petitioner Hoque and Co. Ltd. moved this application stating that the petitioner company is a leading toilet and washing soap manufacturer in Bangladesh. It set up automatic soap manufacturing plant with machines imported......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......ion stating that the petitioner company is a leading toilet and washing soap manufacturer in Bangladesh. It set up automatic soap manufacturing plant with machines imported from Germany at Tongi Industrial Area, Dhaka. The trial of the factory started since September, 1985. The petitioner company is......e no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..

Category: Intellectual Property Law | Date: | Hits: 219

Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)

.... Judgment Naimuddin Ahmed J.- In this revisional application under section 115 of the Code of Civil Procedure an order granting past maintenance along with other relief to a divorced wife and her son has been challenged. 2. The opposite party of this revisional application filed a suit before......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......nting to a total of Tk. 30,039.50. 3. The petitioner preferred an appeal before the learned Subordinate Judge, Mymensingh, who dismissed the appeal and upheld the decision and order of the learned trial Court, 4. By invoking section 115 of the Code of Civil Procedure the petitioner has challen......aintiff appellant Vs. Sheikh Muhammad Bashir, Defendant‑respondent, PLD, 1958 (WP) (Lahore), 596; A Fulteh Moulvie, defendant Vs. Zabunnessa Khatun, plaintiff, Indian decision (Cal) 1881, Vol‑III and ILR 6 and 7 Calcutta 631. Lawyers Involved: Gour Gopal Saha, Advocate- For the Petitioner...

Category: Family Law | Date: | Hits: 253

Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)

....ury J Captain Shamsul Alam Chowdhury ..........Petitioner Vs. Shirin Alam Chowdhury..........................Opposite Party. Judgment January 24, 1991. Result: The Rule is made absolute. Case Referred to- Moinuddin (Md.) Vs. Amina Khan Majlish, 42 DLR 483. Lawyers Invo......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297......., bonus savings certificates, the four letters from Barclays Bank of England and three letters sent to him by Mr. Abdul Quayyum, father of the opposite party be marked as Exhibits for just and proper trial of the cases of the parties. A certified copy of the said application filed by the petitioner ......cate ‑ For the Opposite Party. Civil Revision No. 832 of 1990. Judgment Mainur Reza Chowdhury J. - This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should no..

Category: Family Law | Date: | Hits: 230

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