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Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......ition and in the instant case the power having been exercised under the general power as under clause 2 of the Agreement it cannot be said that the order cancelling the licence was on the face of the record bad in law, which however, need be left to be decided at the trial. 13. Now coming to the ...... Room, Chittagong for a declaration that the order issued by the Chief Commercial Manager, Bangladesh Railway (defendant No.3) cancelling the plaintiffs licence agreement dated 26.6.1988 for catering services to the 1st. Class and Air‑condition Class passengers of Dhaka‑Chittagong Railway is ill..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......ccused appellants was named in the First Information Report. After arrest of one accused appellant Shahid Hossain @ Shafi on 8.9.88 as a suspect he was produced before the Magistrate on 10.9.88 for recording a confession but no confession was recorded on that day, instead, police sought for his re...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....n Gazi was selling 10 mounds of ration-paddy to accused Shaha Alam with the help of appellant Siddiqur Rahman illegally in the black market. He caught hold of accused Shah Alam with 10 mounds of said goods in his boat and produced him before Chitalmari police station and lodged a First Information R......lly in the black market. He caught hold of accused Shah Alam with 10 mounds of said goods in his boat and produced him before Chitalmari police station and lodged a First Information Report which was recorded by S.I. Siddiqur Rahman, the Duty Officer in the absence of the Officer-in-Charge and acc......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ...... was contested by the plaintiff by filing a written objection denying the allegation of non-service of the process. In course of the proceeding Hara Mohan Das died and his legal heirs were brought on record. 3. Including the parties 2 P.Ws. and 2 O.P.Ws. have been examined at the time of hearing.......uly served on him and that he learnt about the decree on 7.3.72 from his Karmachari Haripada Das. The case was contested by the plaintiff by filing a written objection denying the allegation of non-service of the process. In course of the proceeding Hara Mohan Das died and his legal heirs were bro..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......ff's prayer for withdrawal according to law and then if necessary that is in the event of rejection thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..Category: Election Law | Date: | Hits: 206
....nd inordinate delay of five days in causing the service of even the signed order by the concerned petty officials was made allegedly with a motive to harass the detenu further and was not made in good faith as the said signed order from the Secretariat could have been served without any difficul......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
.......88 containing the detailed grounds of detention was served on 19.8.88 on the detenu after five days of passing and signing the order and this undue and inordinate delay of five days in causing the service of even the signed order by the concerned petty officials was made allegedly with a motive t..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ...... of the learned Advocate for the petitioner is that the order of detention against this detenu has been given retrospective effect by an order extending the period of detention. It appears from the record that the first order of detention was issued by the learned District Magistrate, Pabna on 1...... Powers Act, 1974 by Respondent No.1, the District Magistrate, Pabna and the same was served on the detenu Yunus Ali Mintu on 2.7.88 detaining him for a period of 30 days effective from the date of service of the order vide Annexure 'F, alleging, inter alia, that peace, law and order and publi..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....ail Code, on the request of the superintendent of jail, shall be responsible for making arrangements for procuring the copy of the judgment. The presentation of the appeal to the officer-in-charge is good and sufficient presentation whatever delay there may be in forwarding a petition of appeal to t......gment for quashing the conviction and petitions of appeal under section 420 of the Code without accompanying copies of the judgment which were duly admitted which were detected from the lower Courts' record at the time of hearing of those jail appeals. In some cases the convicts had preferred regula......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....e made witness in the prosecution report. So, the submission of the learned Advocate regarding non-fulfillment of the condition embodied in section 103 of the Code of Criminal Procedure does not hold good in the instant case. In view of our findings above, we find no merit in this Rule, there being ...... given our anxious consideration to the submissions made by the learned Advocate for the convict petitioner and the learned Assistant Attorney General and in doing so we have perused the materials on record. 11. Prosecution report shows that the convict petitioner was apprehended by PW 1 Md. Abdu......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......nnas of Khatian No. 199. After death of said Ayesha Khatun, Tabarakullah became owner in possession to the extent of the whole of 2.40 acres of land. After sale of some land to one Islam, he was also recorded to be owner in possession of said land of Plot No. 86. During MRR survey the land was recor......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....concerned to any other Court. 11. Learned Assistant Attorney General contends that since the time limit of the case was to expire on 14‑01‑2004, presiding officer of Druta Bichar Ain Adalat in good faith rejected the prayer for time vide order dated 07‑01‑2004 and fixed 12‑01‑2004 for......rred from the above Court at Sherpur to the Druta Bichar Ain Adalat Jamalpur for fair and impartial trial and disposal of the case. 23. Druta Bichar Ain Adalat Sherpur is directed to send the case record of above GR case 1079 of 2003 to the Druta Bichar Ain Adalat Jamalpur within 7 days from the ...... Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon State-opposite party was dispensed with and the matter was fixed for hearing ..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......defendant. The sale deed and the Nadabinama are genuine documents. After the transfer of the suit land and the house the plaintiff went to his new homestead in the District of Noakhali. The defendant recorded his name in the DD Khatian No. 1176 and paid rents and is in possession of the suit land. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......tiff on the ground that on 24‑06‑96 the plaintiff entered into the room of the Head Master over the ceiling, that the plaintiff disobeyed the order of the authority, that he removed some valuable records including the resolution book of the school and also removed the wood, tin and fencing of th......assed by learned Senior Assistant Judge, Begumgonj, Noakhali in Title Suit No. 119 of 1996 should not be set aside. The petitioner as plaintiff instituted a suit challenging the dismissal from his service. 2. The plaintiff’s case, in short, is that the plaintiff is the night guard of Mir Kas..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......Division Bench of this Division in Civil Revision No. 1807 of 2003 the plaintiff gave security in the trial Court to the extent of Taka 7,000,000 on 30‑05‑03, which was accepted and kept with the record. 13. In appeal Mr. Khandker Mahbubuddin Ahmed, learned Senior Counsel for the appellant, s......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......m the judgments of the Courts below it appears that this question was raised in the Courts below and both the Courts below answered the same against the plaintiffs on consideration of the evidence on record. Therefore, there is no scope to reopen the matter by this Court in exercising revisional jur......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......le one power of attorney dated 6‑10‑86 and another memo dated 10‑3‑79 adduced by the defendants were marked exhibit-A and exhibit-B. 12. On the aforesaid evidence, oral and documentary, on record the trial Court found the suit not maintainable under section 9 of the Code of Civil Procedur......reversal. Opposite party No. 1, Syed Abidur Reza as plaintiff on 17‑3-82 instituted Title Suit No. 97 of 1982 against the petitioner and others for a decree of declaration that termination of his service in the bank by defendant No. 2 by letter dated 19‑9‑81 dispatched vide memo No. 3392A wa..Category: Employment/Service Law | Date: | Hits: 174
....mischief of President's Order 16 of 1972 dated 28‑2‑1972. The ex parte decree for specific performance of contract against the seller whose whereabouts were not known and the transfer, though not good, on the basis thereby are in contravention of Articles 6 and 14 of the President's Order 16 of ......ing reasonable opportunity to the parties concerned of being heard and, also adducing evidence, both oral and document make such decision. The Court of Settlement on consideration of the materials on record before it has arrived at a finding that the alleged Bainanama is an ante‑dated one. And tha......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
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Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
.... rejected. He relied upon section 6. Section 6 is as follows: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any par......e vessel 'MT Dolores' under arrest and in custody of the Marshal of the Court. The defendants 1‑5 are to pay the requisite costs for the release of the vessel. Before I part with this Judgment I record my deep appreciation for the assistance rendered to me by the learned Counsels in deciding th......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......s background, we propose to take up and consider the preliminary points first as they are likely to affect the maintainability of the writ petition. With regard to defect of parties, we find from the record that all necessary parties including the Dhaka University have been impleaded as respondents ......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...Category: Civil Law | Date: | Hits: 63
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......a Botardia. In that suit the three plaintiffs stated that their predecessor Hari Prashanna Ghosh got settlement of the suit land from the landlord but that in the SA Khatian the said land was wrongly recorded in the name of the Government and that as a result they were compelled to file the said sui......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..Category: Property Law | Date: | Hits: 113
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