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.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......986, Abu Bakar, was a Habilder at the same outpost on 1.1.86. The petitioner in Writ petition No.452 of 1986, Md. Mostafa was serving as Naib Subedar in the same outpost on 1.1.86.
3. Their common case is that on 1.1.86 at about 10 P.M. the respondent No.3, the Sector Commander, Dinajpur made a s..
Category: Others | Date: | Hits: 167
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......propositus. 7. Mr. Menhajuddin Ahmed Khan, the learned Advocate appearing for the defendant-respondent submits that whether defendant No.1 is elder to the propositus or not is immaterial in this case as she is the full sister, though elder excludes the plaintiff though younger being of the half..Category: Property Law | Date: | Hits: 107
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......llant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in defau..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......and 123 appertaining to S.A. Khatian No.37 corresponding to R.S. Khatian No.98 of Mouza Pitambergonj, Upazila Barguna, District Patuakhali (now District Barguna). 3. In a nutshell the plaintiffs case is that the defendant No.2 Menhazuddin Talukder was the owner in possession of the disputed lan..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR 282; 22 DLR 56; Lawyers Involved: Giasuddin Ahmed, Advocate - For the Petitioner (In all the cases). Rafiqur Rahman with Serajur Rahman Advocates - For Opposite Parties (In all the cases)...Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......r such declaration in the section itself. Section 4 provides as to how after declaration of a rural area as an urban area under section 3(1) it is to be included into a Pourashava. In the present case it appears that only the requirements of section 3 have been fulfilled and the requirements of ..Category: Property Law | Date: | Hits: 108
....5) AC 499 in support of his submission. This is a case where the claim was repudiated by the insurance company before any arbitration took place and it was held that the repudiation has gone to the root of the contract. It has precluded the insurance company from pleading the arbitration clause ......the claimant-appellant and against the insurance companies-respondents.
8. Being aggrieved, it is the claimant-appellant who has preferred these three Letters Patent Appeals aforestated. It is his case that the learned Single Judge acted illegally in holding that the Arbitrator had no authority t..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ...... Habiganj in Sessions Case No.18 of 1984, convicting all the accused appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life. 2. Prosecution case in short, is that on Thursday, the 7th June, 1989 at about 5 P.M. accused appellant Soleman..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......hway over the disputed second schedule land of the plaint which is part and parcel of the 1st Schedule land and for a direction to remove the obstruction raised by them in the said pathway. 3. The case of the plaintiff-opposite party in brief is that the homestead of the plaintiff is situated to ..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......nd has offended the principle of natural justice. The respondent thereafter filed supplementary affidavit stating that upon a complaint filed by District Anti-Corruption Officer, Rangpur a criminal case was started against the petitioner being C.R. Case No.160/87 dated 30.6.85 in the Court of Upaz..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......sued a suo motu Rule on the petitioner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the said case should not be sent back for retrial or to pass such other or further order or orders as to this..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......ing of nomination paper on 10.1.88 and was therefore disqualified to be elected or nominated as a Chairman under section 7(i)(f) of the Union Parishads Ordinance, 1983. The petitioner contested the case by filing a written objection and stating that he had submitted his resignation as a dealer to ..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......plaintiff-opposite party has clearly filed this suit unmistakenly on the basis that he was one of the original sponsors of the proposed Bank. His position is, therefore, that of a promoter. It is his case that for a great length of time it was he who carried on the negotiation with the Bangladesh Ba..Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ....... 921 of 1986 the learned Sessions Judge, Chittagong granted bail to the detenu on 24.12.86 on the ground that no charge could be established against the detenu during investigation. Another criminal case, namely Kotwali P.S. Case No. 46(12) of 1986 for similar offence was started against the detenu..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......arried daughter from his house for immoral purpose and forcibly confined and concealed and collusivley created a forged kabinnama. The complaint was sent to Dupchachia Police Station for starting a case. 3. Police investigated the case and submitted charge-sheet against the accused petitioners..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... the Judgment and decree passed by the trial Court is a nullity. He submits that when this is the finding it should go back to the trial Court for referring to a Court having jurisdiction to try this case. I find substance in his submission. 8. Mr. A Baset Majumder, the learned Advocate appearing..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......egal, void, without jurisdiction, inoperative and of no legal effect and, as such, the action of the petitioner taken in respect of the suit property is not binding upon the opposite party. 4. The case of the plaintiff‑opposite party, in short, is, that the suit property originally belonged to ..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......and lathies attacked him and others and caused injuries which ultimately resulted in the death of two persons, namely Rab and Sobhan. Police on receipt of this First Information Report registered the case as Tungigari PS Case No. 5(4)93 and after investigation submitted charge‑sheet against two ou..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ...... after sentencing the accused to death submitted the death reference being Death Reference No.12 of 1992 under section 374 CrPC, for confirmation of the sentence by this Court. 2. The prosecution case, in short, is that accused Lokman Miah was an armed guard of Janata Bank, Kanchpur Branch. On 1..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......ted against the accused-petitioners on 26.6.90. No objection having been raised against submission of the said charge‑sheet the same was accepted by the learned Upazila Magistrate on 1.7.90 and the case record was sent to the Court of the Sessions and the case was registered as Special Tribunal Ca..Category: Criminal Law | Date: | Hits: 82
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