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Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....tious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......26.6.1988 sent the same to the Court of Mr. Rinoy Kumar Bose, the Special Tribunal for prevention of smuggling, Sylhet for trial. The Special Tribunal received the case records on 30.6.88 and at that time these two appellants Md. Dulal Mia and Siraj Mia were on bail earlier granted by the learned Up......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Anwarul Haque Chowdhury J Muhammad Abdul Mannan J ASM Abdur Rob.................Petitioner Vs. The State ...............Opposite Party Judgment August 29, 1991. Result: The Rule is discharg......and started beating by lathi the Presiding Officer and the Assistant Presiding Officer. The nephew of Chairman Jasimuddin and Rashid assaulted the informant and thereafter they by beating him all the time took him by force to the Chairman's house and detained him there. After some time assistant Emd...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
....m, AIR 1928 (Bom) 427; Injad Ali and others Vs. Mohini Chandra Adhikari, 27 CWN 1025; Allahdino Bacha Vs. Udhumal Amardenomal, AIR 1942 (Sind) 82. Lawyers Involved: Shanti Ranjan Karmaker, Advocate ‑ For the Petitioner. Md. Wahidullah, Advocate ‑ For the Opposite Party. Civil Revisio......at the plaintiff having been a borga cultivator under the father of the defendants and, hereafter, under the defendants was well aware about whatever title they had in the suit land before and at the time of purchase and, therefore, fraud could not be attributed to the vendors. 5. By referring to......assed on 31.12.79 in Money Suit No.1 of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants. The plaintiff's c...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
.....Petitioner Vs. The Chairman & another……...............Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Case Referred To- M/s Speed Bird Navigation Vs. Government of Bangladesh, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibu......or whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property, including. (i) any property owned by any person who is a citizen of a State which at any time after the 25th day of March, 1971, was at war with or engaged in military operations against th......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197...Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....t Division (Special Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Moulvi Gholam Moula ..................Petitioner Vs. The Secretary, Ministry of Education, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and othersâ€......being aggrieved by the said order of dismissal dated 6.11.84 submitted appeal before the Respondent No.1 on 20.12.84 through proper channel. Thereafter petitioner getting no reply submitted reminders time without number for disposal of the appeal but of no avail. At last he got a justice demand noti......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
.... the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......uted by a notification in the official Gazette under the Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (Ordinance LIX of 1982) which was amended from time to time. The prime object and purpose of the said Ordinance was to constitute Upazila Parisha......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....se (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......rein this Court held that the insurer being not the owner or assignee or consignee of the goods is not entitled to File a suit under section 6 of the Admiralty Court Act, 1861. It appears that at the time of hearing of that case this provision of section 135A of the Transfer of Property Act and the ......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....nal Jurisdiction) Present: Abdul Jalil J Abdul Hasib J Faisal Mahbub ............……..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. R......detaining authority furnished the grounds of detention on the detenu under section 8 of the Special Powers Act, 1974 and also produce the file containing the original reports before this Court at the time of hearing. 3. The case of the petitioner is that the detenu was put in detention in pursuan......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ..Category: Criminal Law | Date: | Hits: 81
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
....r leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......onsidÂeration money, executed the kabala deed in respect of the suit land in favour of the plaintiff on 15.10.1998. But on that date the defendant could not register the said kabala deed for want of time and handed over the said executed kabala deed to the plaintiff telling that he would register t....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ..Category: Property Law | Date: | Hits: 74
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
.... Vs. The Chairman, 1st Labour Court and another..................Respondents Judgment December 17, 1991. Result: The rule is made absolute. Lawyers Involved: Waliul Islam, Advocate ‑ For the Petitioner. No one ‑ For the Respondents. Writ Petition No. 447 of 1986. ......th a show cause notice dated 24.7.1985 for allegedly furnishing a false medical certificate and accordingly he was asked for an explanation. The petitioner made due reply thereof within the specified time allowed but the same being not found satisfactory, his service has been terminated with adverse......legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
.... charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......d order passed by the Special Tribunal, the appellant has preferred this appeal. 6. The learned Advocate for the appellant has submitted that the prosecution has not been able to prove the manner, time and place of occurrence as alleged by the prosecution. He has submitted that in the charge the ......as alleged by the prosecution. He has submitted that in the charge the time of occurrence has been given as 10‑00 AM but in the FIR in the charge‑sheet and in the evidence of the P.Ws the time of recovery has been stated to be 3‑30 PM. This he has submitted has prejudiced the accused in his de......e Abu Sayed. The appellant Abul Hashem made certain statements to P.W.1. He took both Moyzuddin and Abul Hashem and other witnesses in the case to the house of accused Abul Hashem for recovery of the arms. The appellant did not disclose exactly where he kept the arms and he first searched outside of..Category: Criminal Law | Date: | Hits: 85
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....Referred to- Syedul Haque Sowdagar Vs. Abul Kashem Chowdhury & Ors., 38 DLR 14; Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumdar & Ors., 43 DLR (AD) 60. Lawyers Involved: MA Wahab, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For the Opposite Parties. Civil ......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......ount of the property to be recovered before the Village Court is maintainable. 2. The predecessor‑in‑interest of the opposite parties, Sayera Khatun, filed Village Court Case No.48 of 1984 for recovery of khas possession in respect of 1.08 decimals land appertaining to khatian Nos. 324 and 32......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....D) (1999) 330.......llegal and void ab initio and the illegality is apparent on the face of it, it is not necessary that the parties should file objections to the award under section 30 of the Arbitration Act within the time prescribed under Article 158 of the Limitation Act. To the same effect was the decision given b......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330...Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
.... PLD 1966 (Karachi) 55; 27 DLR (Dhaka) 200; AM Burq and another Vs. Central Exchange Bank Ltd. and others, PLD 1966 (Lahore) 1; Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co. operative Bank Ltd. 27 DLR (Dhaka) 523; DP Goenka Vs. Governor-General of Pakistan and another, 7 DLR 13......ntract Act. Sections 176 and 177 run as follows: Section 176. Pawnee’s right where pawnor makes default.- If the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against......xecuted in the year 1965 and also in subsequent years. But the outstanding loan amount was not paid by the defendants. The plaintiff thereafter served a legal notice and ultimately filed the suit for recovery of the said outstanding loan amount with interest. 3. The defendant No.5 contested the s......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
.... (1999) 317.......he Penal Code. Before commencing the trial, charge was also framed against the accused under that section. He pleaded not guilty and demanded his trial. Prosecution then produced 15 witnesses. At the time of trial, the informant gave a different version of the case and defence took the plea that the......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....ent July 1, 1998. Result: The Rule is made absolute. Case Referred to- Arya Insurance Co Ltd. Vs. Lala Channoolal, AIR 1957 (All) 400. Lawyers Involved: Akram Hossain Amin, Advocate — For the Petitioners. Not Represented — the Opposite Parties. Civil Revision No. 3497......87. 5. 26-6-87 eventually turned out to be a closed holiday as a result of which the record was put up for order on 27-6-87. On that date the defendant-petitioners filed an application praying for time to answer the interrogatories sought for by the plaintiffs. The learned Assistant Judge by his ......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....€¦â€¦â€¦Petitioners Vs. Mohammad Ali and others……………………….Opposite Parties Judgment August 25, 1998. Result: The Rule is discharged. Lawyers Involved: Mir Hasmat Ali with Lutful Hoque MajuMd.er, Advocates— For the Petitioners. SAM Mahbub Elahi, Advocate ......ed 15-10-1984 and threatened the plaintiff which led them to file a Criminal Case under section 107 of the Code of Criminal Procedure. In the said Criminal Case the defendants disclosed for the first time about the Kabala in question. The plaintiffs asserted that the creation of the said Kabala date......ant Nos.1-4 contested the suit by filing written statement and having denied all the allegations of the plaint contended, inter alia, that the suit as framed was not maintainable without a prayer for recovery of possession on payment of ad valorem Court fees. It is their defence case that one Jora G......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......as also been alleged that during the SA operation the suit property was wrongly recorded in the name of one Suresh Chandra Roy, who had no right, title interest and possession therein at any point of time and there is absolutely no basis for the fraudulent entry in the SA Khatian. It has also been a......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ahan (Munna)…………………Defendant-Petitioner. Vs. Md. Shajahan (Shaju) and others…………………Plaintiff-Opposite Parties. Judgment April 2, 1998. Result: The application is rejected. Lawyers Involved: Syed Mahmud Hossain, Advocate - For the Petitioner. N......e no application for rejection of plaint was filed rather the defendants zealously contested the suit by filing written statement, by cross-examining all the P.Ws. as well as by examining D.W. At the time of filing of the plaint, the plaintiff filed an attested photo copy of the kabinnama and prior ......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295...Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....) Present: Kazi AT Manowaruddin J Chan Mia (Md.)…………………..Petitioner Vs. Rupnahar…………………Opposite Party Judgment March 3, 1998. Result: The application is summarily rejected. Cases Referred to- Abdul Kadir Vs. Salima, (1886) 8 All 149; Khod......nt took her to his house, but his relations could not accept her easily and started treating her cruelly, she however showed her endurance and stayed with her husband for about two months during that time she conceived but that created further problem for her, she was being pressurised to cause abor......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..Category: Family Law | Date: | Hits: 166
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