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Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....e circumstances of the case, the trial Court has come to a conclusion that the plaintiffs have acquired right and title in the suit land first by settlement and then, by way of adverse possession. By independent consideration, the Court of appeal below appears to have affirmed such finding. 33.......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)

....ellant Hazrat in causing the death of the victim has been vitally contradicted by the evidence of PW 7 Dr. Abdul Hannan Khan. We find no corroboration to the evidence of the PWs from any reliable and independent source, as a result of which an element of doubt looms large and it leads to the inevita......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..

Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......e lawyer for the condemned prisoner. The state defence lawyer thereafter appeared in the case on 9-5-93 and filed an application for time stating that he needed time as he just came to know about his appointment on that date and the prayer for time was allowed. On the next date i.e. 14-6-93 the lear..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......09;on‑Record­- For the Respondent. Mahbubey Alam, Senior Advocate on behalf of Serajul Huq, Senior Advocate, M Farooq Ahmed, Anisul Huq and Mosharraf Hossain, Advocates­- Special appointment by the Government.  Criminal Appeal No. 39 of 2001.  (From judgm..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......on 2‑7­-1993 under section 25(1) (b) of the Employment of Labour (Standing Order) Act, 1965 for payment of all benefits like pension, gratuity and all other service benefits since date of appointment upon his retirement from service on 15‑5‑1993 rendering satisfactory servic..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....rovided in section 235(1), Cr.P.C. The argument of Mr. Mojibur Rahman boils down to this, that an offence of rape is not the same offence as that of murder. These are two distinct offences and one is independent of the other. We find substance in the contention of the learned Advocate and accordingl......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....hifted or delegated to the jail custody. By referring to certain English decisions the learned Advocate argues that having regard to the reality that with passing of time a child becomes increasingly independent and the parental authority starts dwindling the court should not try to impose parental ......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....particular time where the process of the criminal Court is being abused at random for political victimisation and aggrandisement with the help of State power and the lower Courts are afraid to act independently. The Court should sympathise with the political victims against whom proceedings are ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ges discarded the previously-quoted dictum of the Privy Council in ILR 25(Cal) 9 because they decided the issue before them in accordance with the laws propounded by Muslim jurists ‘rather than independently”. In other words, the learned Judges recognised the right of whom they themselve......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....5‑1996 which was registered on 27‑5‑1996 by the Nikka Registrar of Komolgonj, Moulavibazar, Sylhet. The father of the petitioner No.1 Lal Miah could not accept that his daughter in fact made an independent decision. Although there was no case of abduction filed in any police station he couple,......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ..

Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......s necessary for the disposal of this Rule may be stated as follows: The accused-petitioner was a Tehsildar of the Collectorate of Rajshahi from 19.4.52 till his resignation on 12.12.62. He during his appointment worked as Tehsilder of Puthia 4 annas Raj Estate and after acquisition of the Estate by ..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......requested the respondent to concur with the proposal. On 30-4-94 the appellant received a letter from the respondent stating that they did not agree to the appellant’s proposal and suggested the appointment of an Arbitrator from a third country preferably based in Singapore, but the appellant ..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....tinction between a contract of service and contract for service it is to be seen from the facts and circumstances of a case whether an employed person in relation to the employer is an employee or an independent contractor. If an employed person is an employee of the employer he is under a contract ......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

....shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ......ay the objection on this technical ground without entering into merits of the case and on that count also the impugned order is not sustainable in law. Mr. Shamsul Alam further submits that since the appointment of Mr. Justice Sultan Hossain Khan as an arbitrator/sole arbitrator in the matter was ma..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....rror in the decision causing failure of justice. 9. The learned Advocate for the petitioners has further submitted that the heirs of the original tenant Sirajuddin are estopped from setting up an independent title by the alleged subsequent purchase of the property after the filing of the plainti......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....aid abuse may aggravate the sufferings without end. On plain reading of section 7 of the Ordinance 1961 it can be said that it was never the intention of the legislature that a husband exercising his independent act pronouncing, talaq cannot be given effect to until and unless such notice is given t......f appeal below and it is affirmed. Accordingly, 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 (1996) 48. ..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196

Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)

....ears for the defendant opposite parties, submits that Artha Rin Adalat Ain, 1990 (hereinafter called the 'Act’) is a procedural law and it does not create any forum i.e. Artha Rin Adalat has got no independent existence of its own. He draws our attention to section 3 of the Act and submits that pr......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ..

Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191

Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)

....in the First Information Report that they started to proceed towards the hut of the deceased on hearing a cry raised by P.W.2 and P.W.6. He further submits that in this case corroborative evidence by independent witnesses was necessary in view of admitted enmity between the deceased and the accused ......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..

Category: Criminal Law | Date: 16 May, 1994 | Hits: 31

Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)

....on or that the impugned order of suspension does not reveal any co-relationship between the criminal proceeding and the opinion. In the criminal proceeding however, the criminal Court will come to an independent decision on the basis of the evidence on record in the criminal case itself, as to wheth......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..

Category: Election Law | Date: 19 Apr, 1994 | Hits: 133