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....(SC) 65; 22 DLR (SC) 65 and 201; 37 DLR (AD) 71 and 44 DLR 203; 22 DLR (SC) 65 and 201; 37 DLR (AD) 71 and 44 DLR 203; 16 BLD (AD) 110 and 50 DLR (AD) 82.
Lawyers Involved:
Abdur Razzaque, Advocate—For the Petitioner (In Writ Petition No. 3425 of 1998).
AJ Mohammad Ali, Advocate—For th...... opposition stated that his address given in the impugned order was his village address and, as matter of fact, he is resident in the area for which he was appointed and where he is living for a long time and such contention has not been controverted by filing any affidavit-in So we find no merit in......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261...
Category: Civil Law | Date: | Hits: 89
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....HCD) (1999) 252.......arate appeals against their conviction and sentence. The then Dhaka High Court while upholding and sentence of Arshadullah observed as follows “He was not only recognised amongst the dacoits at the time of commission of dacoity but had also used a gun in course of the dacoity. The said gun was rec......mplication of the accused by him and the informant in collusion with the P.W.4 Abdul Mannan Chowkider. So, we find no illegality in the findings of the Special Tribunal that prosecution allegation of recovery of the revolver and two rounds of live cartridges from the possession and control of the ac......ant as the place was not in exclusive possession and control of the appellant Court below acted illegally in not considering that the appellant was not in exclusive possession and control of the said arms and ammunition and, as such, acted illegally in convicting the appellant. In support of his con..Category: Criminal Law | Date: | Hits: 73
....
Cases Referred to-
42 DLR (AD) 214; Bangladesh Vs. AK Al-Mamun and others, 1 MLR (AD) 1996 161; Madras Vs. AR Srinivasan, AIR 1966 (SC) 1827.
Lawyers Involved:
SAM Mahbub Elahi with Shawkat Ara Begum, Advocates — For the Petitioner.
Mahbub Ali, Assistant Attorney-General — For th......roclamation make by order, such provisions as he deems necessary or expedient and every such order shall have effect notwithstanding anything contained in the Constitution or in any other law for the time being in force.”
And by para 2 of the Proclamation, MLO 9 was repealed. Despite such repea......without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248...
Category: Employment/Service Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....t Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Nurul Huq…………………………Petitioner Vs. Secretary, Rural Electrification Board and anr……………………………Respondents Judgment December 17, 1991. ......e lines and that the Superintendent Engineer took action against the said M/s. Khan Prokousuli for the unauthorised construction. The petitioner further stated in his explanation that at the relevant time construction works were going on simultaneously in about 20/22 areas in Tangail under 10 works ......ily (for a specified period), at an efficiency bar in the time‑scale of pay; (II) Major penalties include: d) reduction to a lower stage in a time‑scale of pay, or to a lower‑post; e) recovery of pay for the whole or part of any loss caused to the Board by negligence or any other mis......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....he court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660....... circumstantial evidence on which to have a conviction where evidence is necessary to find a link between the accused and the murder. As for example incriminating recoveries, motive, the proximity of time when both seen together and time of murder. From the seizure list we find nothing to incriminat......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658....... Title Suit No.153 of 1978 declaring the title of Lal Mahmood in the land under pre‑emption the lower appellate Court committed an error in law in allowing the pre‑emption case inasmuch as at the time of judgment and order passed by the lower appellate Court in Miscellaneous Appeal No. 382 of 19......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....te Parties. Judgment August 21, 1991. Result: The Rule is made absolute. Case Referred to- Commissioner for the Port of Calcutta Vs. Suraj Mull Jalan and others, 1928 AIR Calcutta at 464. Lawyers Involved: Azizur Rahman Chowdhury, Advocate ‑ For the Petitioners. No one......1 to 3 were restrained from disturbing the petitioners' possession except in due course of law. But as the receiver was appointed and the property was given to the receiver, the plaintiffs in the meantime filed this application for temporary injunction under Order 39 rule 1 of the Code of Civil Proc......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656...Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....………Petitioners Vs. Golam Rasul and others…………………Opposite Parties Judgment November 24, 1991. Result: The Rule is made absolute. Case Referred to- Administrator, Delta Construction Vs. Chairman, 2nd Labour Court, 28 DLR 365. Lawyers Involved: Latifur......d unanimously passed a resolution selecting a site named "Nayani" for construction of Union Parishad Bhavan and Community Centre and defendant No.10 also gifted some land for that purpose. In the meantime, with some motive and intention the defendants have selected another place named "Gilabari" for......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...Category: Civil Law | Date: | Hits: 99
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....her case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ...... then the informant rushed to the backside and jumped to a tank. The informant could identify accused Kashem in the light of burning lantern. Kashem opened two rounds of fire upon him and at the same time another shot also came from the northern bank of the tank. He found that 2/3 criminals were run......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....This Case is also Reported in: 55 DLR (2003) 350.......the suit land and made pucca construction with tin shed in the latter part of 1970 and since then he has been carrying on his business of workshop in the name and style Kashem Motor Works. In the meantime liberation movement started and the plaintiffs file regarding lease remained unattended. After ......years by executing and registering a lease deed on 11‑7‑1975 and possession of the same was also delivered to it on 16‑11‑1982, but no relief was prayed for against the said deed, so also for recovery of khas possession of the suit property, suit itself was not maintainable in law, both the ......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....eported in: 45 DLR (HCD) (1993) 643. ......efaq" which revealed that a boy named Md. Nazrul Islam, son of Arshad Ali of village Tengrakhall, Police Station Shyamnagar, District Satkhira, being convict No.1755/86 had been in custody for a long time without any case. The news item disclosed that he was involved in several criminal cases includ......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......as implicated in a Gang Case where he was convicted and sentenced for seven years rigorous imprisonment and the term of that period had already expired. He further stated that he was implicated in an arms case where he got acquittal. In all he was implicated in 9 (nine) criminal cases out of which 2..Category: Criminal Law | Date: | Hits: 97
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
.... file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......rted goods at Benapole Inland Port, the petitioner submitted bill of entry being No.C-46302 dated 03.11.2010 through its C&F Agent, M/S. Karim and Sons and with all shipping documents. In the meantime, the customs authority after holding 100% physical examination, found some anomalies and seized......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....eal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......plaintiff was given earth works of section 9, Division-1 of the National Housing Authority in respect of 7 Groups on 18th January, 1998. Plaintiff could not complete the works within the stipulated time and despite that it had withdrawn Tk.18,58,62,719/- against running bills. The plaintiff was re......and order dated 2nd June, 2008 of a Division Bench of the High Court Division in First Appeal No.276 of 2004. 2. Respondent No.1 instituted the suit seeking declaration, mandatory injunction and recovery of Tk. 29,64,51,760/-. According to the plaint case, the plaintiff being the lowest bidder ......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....he records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......s Indian Phensidyl has been recovered from the possession of the appellant there may be prosecution under section 25B(2) of the Special Powers Act. It is true that the allegation has been made on the recovery of 100 vials of Indian Phensidyl syrup but for the prosecution under section 25B of the Spe......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..Category: Criminal Law | Date: | Hits: 60
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....rred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 DLR 7; Ali Hussain Vs. Rafique, 1977 PLD Lah 419. Lawyes Involved: AKM Asaduzzaman, Advocate ‑ For the petitioner (In Civil Revision No. 605 of 1985). Nurul Huq, Advocate ‑ For the O......Order 9 rule 1(1) CPC is the relevant law. Sub‑rule (1) of rule 1 of the said Order enjoins upon the defendants to present a written statement of his defence before the first hearing or within such time not exceeding 2 months as the Court may permit. In this case it appears from the record that th......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....Records and others…………………Respondents (In both the Writ Petitions) Judgment November 14, 1991. Result: The Rules are made absolute. Lawyers Involved: MH Khondker, Advocate with AJ Mohammad Ali, Advocate and Shareef Ahmed, Advocate ‑ For the Petitioners. SC Das, A...... by his judgment and order dated 27.3.1985, the entertainment of a review petition and of passing the order by the Director of Land Records in reviewing the earlier order of the appeal for the second time is absolutely without jurisdiction and is of no legal effect. Mr. Khandker argued that the Dire......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....rged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......er submits that the alleged payment of the gratification also has not been proved by independent witnesses and on the point of recovery of the currency notes and the presence of the witnesses at that time the evidence seems to be contradictory and not believable. The learned Advocate contends that i......set submits that in a case punishable under section 161 of the Penal Code the prosecution is bound to prove the demand of the gratification by the offender, the payment of the same and ultimately its recovery. He submits that unless these conditions are fulfilled there cannot be any conviction under......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...Category: Criminal Law | Date: | Hits: 90
....t Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Md. Badruzzaman J
Kazi Shafiul Nasher…………………Petitioner
Vs.
Secondary and Higher Secondary Education Board, Jessore and others………………Respondents
Judgment
December 18, 1991.
Re......l where the examination was held, filed an affidavit‑in‑opposition annexing photostat copies of some affidavits sworn in by him and others before a Magistrate. He ultimately did not appear at the time of hearing.
4. The respondent No.2, the Controller of Examinations, Board of Intermediate &a......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619...
Category: Civil Law | Date: | Hits: 159
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....oper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......perty at Tk.3, 50, 00,000/-. On 17.06.2001 a tripartite deed of agreement was executed by the plaintiff with the defendant Nos.1 and 5 for the purchase of the property and paid Tk. 50,00,000/- at the time of signing the agreement. The plaintiff requested the defendant No. 5 to deliver possession but......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..Category: Civil Law | Date: | Hits: 93
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
.... The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......ce on record found the accused-respondents guilty of the charges and sentenced them to rigorous imprisonment for 10(ten) years with fine with a direction to deduct the period in custody in the mean time. The accused-respondent being aggrieved by the said judgment and order of conviction preferred ......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......rned counsel appearing for the petitioners has taken us to the evidence on record and submitted that the High Court Division erred in law in maintaining the conviction in failing to consider that the arms and ammunition in question were not recovered from the direct possession of the accused-respon..Category: Criminal Law | Date: | Hits: 64
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