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State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)

....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......as stated that Mr. Md. Sahidul Alam Chowdhury, Advocate was engaged before the Appellate Division in connection with Civil Appeal No.53 of 1996 and his junior Mr. Kafiluddin Ahmed, Advocate moved the case before the Division Bench on 7-7-97 and in the last stage of submission when he faced critical ..

Category: Criminal Law | Date: | Hits: 87

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....First Court, Patuakhali for disposal of the Miscellaneous Case in ac­cordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......f law in allowing the application on the ground of old age only without considering the ques­tion of limitation the impugned order is liable to be set aside but in the facts and circumstances of the case I am inclined to send the matter back to the learned Munsif for rehearing of the Miscellaneous ..

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......on 174(3)(b), the mandatory provision of the said Act regarding money to be deposited by the judg­ment-debtor had not been complied with. Further the appellate Court expressed surprise as to how the case under the Bengal Tenancy Act was entertainable in the year 1976 when the Act had no existence b..

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......Beverage Industries Limited directed against Judgment and decree dated 20-3-2003 passed by the learned Joint District Judge, 3rd Court, Dhaka decreeing Money Suit No.3 of 1991. 2. The fact of this case is not disputed. Deceased Mozammel Hossain Montu while met accidental death at 5-30 PM of 3-12-..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......1986 gave approval. Defendant No.1 did not repay monthly installments of this defendant. This defendant on 30-6-99 instituted Miscellaneous Case No.16 of 2000 for realizing Taka 14,30,431,41. In that case plaintiff of the instant suit appeared and contested the suit by filing written statement. This..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471...

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......1860, Registration No. 1457(17) dated 18 February 1992, represented by its Chief Executive Syeda Rizwana Hasan duly authorized by the Executive Committee of BELA to represent BELA in all proceedings, cases and so on. 3. It is stated that the environment and ecology of the country are being contin..

Category: Environmental Law | Date: | Hits: 1019

Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)

....l be free to cancel the bail of the petitioner in case of any viola­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......Ansar Ali J.- This Rule aris­es out of an application for bail under section 498 of the Code of Criminal Procedure at the instance of the accused petitioner Majeda Khatun @ Majeda Rahman @ Maya in a case under sections 302/109/120B/34 of the Penal Code pending in the Court of the learned Sessions J..

Category: Criminal Law | Date: | Hits: 105

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......the learned Munsif and submitted that the order passed by the learned Munsif under Order 1, rule 10 of the Code of Civil Procedure was passed in discretion of the Court for proper adjudication of the case; and that defendant opposite parties 5-7 were proper parties, if not neces­sary parties. He su..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......rst Party men were in possession of 45.56 acres of land appertaining to M.R.R. Khatian No.577 of Mouza Kalaramrchar on the basis of Settlement from the original landlord Ajit Kumar Roy; their further case was that the lands in proceeding were sea bed and they possessed the same by producing salt but..

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......he Code of Civil-Procedure is not maintainable as the Member Appellate Tribunal is not a Court but a persona designate and the decision of the Arbitration Appellate Tribunal being final, the revision case is not maintainable in law but the petitioner may file writ. 6. Mr. Gazi Abdur Rashid, the ..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......Additional District Judge, Khulna in Title Appeal No.254 of 1978, reversing those passed by Mr. Abdul Jalil, Subordinate Judge, Khul­na in Title Suit No. 440 of 1974. 2. The relevant facts of the case are that the pe­titioner Eshanul Hoque was appointed as a Proba­tionary Officer of the then H..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......etitioner Shah Alam Chowdhury was issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka to show cause why the accused petitioner Shah Alam Chowdhury should not be enlarged on bail in Sessions case No.118 of 1988 under sections 302/34 arising out of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Mot..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ....... Other accused persons fled away and took shelter at Indian enclave Kalamati. Many persons came to the place of occurrence and heard of it from the informant. Police took up the investigation of the case and visited the locality and seized alamats, and prepared an inquest report of the dead body an..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......nt for life and other two namely Enamul Hoque and Nur Nabi were acquitted by judgment and order dated 23.6.84. Be it mentioned that Nur Nabi and Enamul Hoque were tried in absentia. 2. Prosecution case may briefly be stated thus: On 11.8.78 Nona Mia of Village Char Ulgi being accompanied by his s..

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......ific Performance of Contract requiring defendant No.1 Gouranga Kunda to execute a kabala in respect of suit land in pursuance of a Bainapatra executed by him for the sale of the said land. It was the case of plaintiff that the suit land being plot No.1654 measuring .92 acre belonged to defendant No...

Category: Civil Law | Date: | Hits: 133

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ...... month respectively and both the sentences will run concurrently. This jail appeal is heard at the instance of the convicted accused-appellant Md. Shahjahan Mizi as jail appeal. 2. The prosecution case, inter alia, is that on 6­-5‑2000 at about 10‑45 AM the Member of the Union Parishad of Ha..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

.... appreciated if matters of settle­ment of hat, bazar, fisheries, khas land etc. are kept in view. The Government acts in these affairs in pursuance of some statutory power and any such contract when rooted in statute the Government discharges its sovereign function. While doing so, if there is a br...... Mr. Nazmul Huda, the learned Advocate appeared on behalf of the Respondent No.1 and Mr. A. F. Hasan Arif, the learned Deputy Attorney-General appeared on behalf of the Respondent No.2. 7. In this case, there are some broad facts which are not disputed. The Respondent No.1, the Titas Gas Transmis..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......ect of the said land. The suit was contested by the respondent No.12 herein denying the title and interest of the plaintiffs con­tending that the dakhilas filed by the plaintiffs in support of their case were also forged and false creat­ed for the purpose of the suit. They also contended that orig..

Category: Property Law | Date: | Hits: 109

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....­peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ...... reliance upon section 29 (A) of the Local Government (Union Parishads) Ordinance,1983 submits that sub-section (4) provides for an ap­peal from the decision of the Election Tribunal in the Election case itself and no appeal lies to the Dis­trict Judge from an order which does not decide the elect..

Category: Election Law | Date: | Hits: 194