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State Vs. Abul Hashem, 1997, 26 CLC (HCD)

....fe. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......oved that there was a dacoity in the running train and that no other persons but the accused committed the crime. The evidence of the witnesses though are regarding occurrence at different places and time, but are so connected and natural that there is no scope for arguing that the evidences were co...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ..

Category: Criminal Law | Date: | Hits: 66

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....�………Respondents Judgment July 6, 1993. Result: The Rule is discharged. Cases Referred to- Md. Shajahan Vs. Md. Sadeq & another, 38 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell Liquors Ltd, (1922) 2AC 128; Md. Hossain Munir Vs. Sekandar, PLD 1974 (SC) 139; R. Vs. Medic......1, Abdul Motalib, was examined in part as P.W.1 and the case was adjourned till 13.8.92 for further evidence and on that day P.Ws. 2 and 3 were examined. Thereafter, Abdul Motalib applied for further time for producing some witnesses and it was allowed, fixed 20.8.92 for further evidence. On 20.8.92......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..

Category: Election Law | Date: | Hits: 188

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

....3) 727. ...... application for temporary injunction out of the same is at all maintainable in law and so far the allegation of non service of notice upon the plaintiffs‑petitioners, it appears that for the first time this question of fact has been raised before this Court while exercising revisional jurisdictio......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..

Category: Property Law | Date: | Hits: 47

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

....rder as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......nt petitioner made a departure from the statement saying that power of attorney was given to his elder brother Sagiruddin for supervising settlement operation which was then going on in India at that time. Subsequent statement made by defendant petitioner is obviously not real state of affairs. Howe......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..

Category: Property Law | Date: | Hits: 74

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

.... bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......ffidavit of the victim girl on 9.5.87 denying the alleged statements made earlier before the Upazila Magistrate, Matlab on 28.2.87 as she was in an abnormal condition on that date and at the relevant time because of intoxication; hence an application was however filed before the District Magistrate,...... elsewhere in the night following 27.2.87 and on receipt of such information he went there and recovered the victim girl along with accused Nurul Islam and arrested him when he tried to flee away. On recovery of the victim girl she was taken to the police‑station and thereafter sent to the local U...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29, 1992. Result: The Rules are discharged. Cases Referred to- BSI Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Md. Sekander Hossain Vs. Secretary, Minis......was discharged upholding the promotion of respondent Nos. 5 to 8 by its office order dated 6.21.85 the petitioner had filed Civil Misc. Petition No.43 of 1986 which was not pressed because in the meantime the concerned Ministry had issued the letter dated 6.8.86 (Annexure 'C' to the petition) direct......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

.... Ali (Md.) alias Mobarak Ali Mondal………………….Convict-Petitioner (In Jail) Vs. People’s Republic of Bangladesh, represented by the Secretary, Ministry Home Affairs, Bangla Secretariat, Dhaka & other………………….Respondents Judgment June 4, 1997. Result: Th......n the case and he knew nothing about it. He joined Bangladesh Army on 17-11-70 and retired on 16-11-91. Since his retirement, the petitioner had been living in his village home at Bhadaikandi. At the time of the alleged occurrence of 8-2-75 the petitioner was posted at the Army Head Quarter as a gun......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ...... has taken some additional grounds. He submits that paragraph 5 of the schedule of Special Powers Act, 1974 which reads as follows: “Any offence punishable under any law committed being with firearms or explosive substance,” having been omitted by Ordinance XL of 1977 with effect from 21-8..

Category: Criminal Law | Date: | Hits: 79

Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....y Ltd……………..Petitioner Vs. Government of Bangladesh and others…………..Respondents Judgment July 24, 1997. Result: The Rules are discharged. Cases Referred to- Patel India (Private) Limited Vs. Union of India, AIR 1973 (SC) 1300; Shiv Shanker Dal Mills Vs. Stat......of the Excise and Salt Act, 1944 and totally exempted MS Products of Classes (ii)(iii)(iv) manufactured in a factory other then re-rolling factory. Petitioner of each of the Rules was at the relevant time engaged in manufacturing GP/CI sheets in its respective factory which was not a re-rolling fact......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)

....সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ...... ১৯৯৮ infringes the principle of natural justice by giving the National University which nominates the President of the Governing Body, unfettered power to withdraw the said nomination at any time. Security of Tk. 1,000/- for each case is to be deposited within 1 (one) month. The prepa......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..

Category: Others | Date: | Hits: 153

Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)

....ason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......ved upon discovery of a new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of that aggrieved person or could not be produced by him at the time when the decree was passed or order was made, or on account of some mistake or error apparent o......990 in the Court of learned Senior Assistant Judge, Brahmanbaria Sadar, Brahmanbaria praying for declaration of their title in the suit property described in the schedule to the plaint and also for recovery of khas possession of the same. Plaintiff's case, in short, was that the suit land belong......e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ..

Category: Property Law | Date: | Hits: 58

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

....ave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ...... of 1979 to 1982/83 a large number of poor Bengali landless families from across Bangladesh had been rehabilitated in the Hill Tracts. This was disliked by the Shanti Bahini and they resisted it with arms. From 1983 no new settlement of the Bengalees has taken place. On 6th March, 1989 three identic..

Category: Constitutional Law | Date: | Hits: 219

Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)

....wn the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......The dacoits decamped with booties worth Taka 1, 69,900.00 in all, the description of which has been mentioned in the schedule of the written FIR. The informant was at his Khawkhali Bazar house at the time of occurrence and on being informed, by his son (P.W.2) in the same night went there and lodged...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......s and looted away gold ornaments, wrist watches, wall clock, cash money, cassettes, sarees, various clothings from different rooms of the wife and children of the informant on point of dagger and firearms. The dacoits also beat the sons of the informant during occurrence since there was delay in ope..

Category: Criminal Law | Date: | Hits: 80

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....ed, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ...... and others were creating problem in discharging the functions and duties of her husband as Relief Chairman. As a result enmity developed between them, and they tried to kill her husband at different times but they were unsuccessful in their attempt. She stated that her husband used to come rarely i......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..

Category: Criminal Law | Date: | Hits: 74

Muklesur Rahman (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1995, 24 CLC (HCD)

....��……………………………………………………………….Respondents Judgment August 13, 1995. Result: The Rule is made absolute. Lawyers Involved: Alaluddin, Advocate‑For the Petitioner. Lasker Fakhruddin Ahmed, Assistant–Attorney General-For the Responden...... Of late we have come across a good number of cases in which the District Magistrate, Dhaka either failed to serve the order of detention on the detenu or to serve the grounds of detention within the time specified in section 8 of the Special Powers Act, 1974 and Mr. M Shamsul Alam, the learned Depu......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ..

Category: Criminal Law | Date: | Hits: 105

Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)

....1997) 60. ......submitted that when the decree obtained by the opposite party was put to execution, the petitioners with mala fide intention and in order to delay the same, filed an application after a long lapse of time to be impleaded as party in the instant suit. The trial court was quite justified in rejecting ....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..

Category: Property Law | Date: | Hits: 47

Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)

....inha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......Mazid Saiyal, father of the defendant No.1, by a sale deed dated 05.05.1967 and handed over possession to him. The deed could not be registered on account of the legal complications prevailing at the time regarding registration of sale deeds concerning Hindu property. Soon after purchase, Mazid Saiy......urt, Madaripur in Title Suit No. 3 of 2005 thereby dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declaration of title and recovery of khas possession in respect of the suit land, that is, .08 acre of land out of .28 acre o......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 70

Professor Dr. Md. Yusuf Ali Vs. Chancellor of Rajshahi University, Rajshahi & others, 1997, 26 CLC (HCD)

..... Bangladesh, 34 DLR (AD) 222; Nur Mohammad Vs. Moulvi Mainuddin Ahmed, 39 DLR (AD) 1. Lawyers Involved: Moudud Ahmed with Azizul Huq, Abdur Razzaque, AM Mahbub Uddin and SM Emdadul Hoque, Advocates - For the Petitioner KS Nabi, Attorney-General with Bazlur Rahman Chhana, Assistant Attorney......or the post of Vice-Chancellor, the petitioner got the highest number of votes and the petitioner was appointed as Vice-Chancellor of the University by the Chancellor for a term of four years. At the time of appointment no terms and conditions were attached with his appointment by the Chancellor. It......ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1.......ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1...

Category: Employment/Service Law | Date: | Hits: 158

State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)

....inha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......an of the lottery tickets issued each ticket at the rate of 10.00 wherein a commission of Tk.4.50 was liable to be paid to Bangladesh Medical Association (B.M.A.) against each ticket. At the relevant time Dr. A. Z. M. Zahid Hossain was the General Secretary of B.M.A. On 05.01.2004 BMA received two l......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 92

Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)

....rials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......f the pre-emptors regarding the impugned deed without considering the evidence, particularly the Ext. Kha, the admission of P.W.1 in cross that they appeared in the said objection case and prayed for time and the statement as made by P.W.2 in application to be impleaded as co-pre-emptor. Such non-co......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..

Category: Property Law | Date: | Hits: 72

Md. Anwar Hossain and other Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others, 2011, 40 CLC (AD)

....10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ......fs instituted Title Suit No.75 of 1984 in the Court of Senior Assistant Judge, Barisal for declaration of title to the suit land. Subsequently by amendment of the plaint the plaintiffs prayed for recovery of khas possession. In the suit the predecessor of the petitioners and respondent Nos.4 to ......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ..

Category: Property Law | Date: | Hits: 83

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