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Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......Court Bakergonj in Mis­cellaneous Case No.204 of 1984 under section 96 of the State Acquisition and Tenancy Act. 2. The impugned Kabala registered on 17.6.72 gave rise to this present pre-emption case under sec­tion 96 of the State Acquisition and Tenancy Act. 3. The petitioner’s case in s..

Category: Property Law | Date: | Hits: 100

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......s duly published in the official Gazette. The opposite party No.1 here­in filed Election Case No.1 of 1988 before the Elec­tion Tribunal, (Assistant Judge) Hathazari. The peti­tioner contested the case. The Election Tribunal on contest declared the opposite party No.1 as elected Chairman. Against..

Category: Election Law | Date: | Hits: 192

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....le is discharged with­out any order as to costs and the suit is restored to its file and number and the order impugned is af­firmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......er Order 9, rule 9 C.P.C. for setting aside the Order of dismissal and for restoration of the suit. But as the plaintiffs did not put in the requisites and did not take step in the said Miscellaneous case it was dismissed on 10.11.1983. After dismissal of the said case the plaintiffs filed an applic..

Category: Criminal Law | Date: | Hits: 85

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....n fil­ing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......on 457 of the Penal Code to two years rigor­ous imprisonment and to pay a fine of Tk. 2,000/- with a default order with direction that both the sen­tences to run concurrently. 2. The prosecution case is that on 27.3.85 at about 2 O'clock at night some thieves by breaking the house of the compla..

Category: Procedural Law | Date: | Hits: 122

TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. and an­other, 1989, 18 CLC (HCD)

....ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ......aw or special law. 5. The learned Advocate for the applicants urges that section 10(2) of the aforesaid Ordinance bars the jurisdiction of the Civil Court in entertaining the plaint in the present case. He strenuously argues that section 10(2) of the said Ordinance although does not contain any o..

Category: Labour and Industrial Law | Date: | Hits: 178

Saidur Rahman Vs. State, 1992, 21 CLC (HCD)

....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......409 of the Penal Code and sentenced him to suffer rigorous imprisonment for 3 (three) years and also to pay a fine of Taka 1,35,000.00 in default to suffer RI for 9 months more. 2. The prosecution case, in short, is that one Abdur Rahman, former store‑keeper of BADC remained in charge of three ..

Category: Criminal Law | Date: | Hits: 98

Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)

....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......d 30‑6‑99 under section 409 of the Penal Code read with section 5(2) of Act II of 1947 pending in the Court of the learned Magistrate, Nesarabad, in the District of Pirojur. 2. The prosecution case arises out of a FIR lodged on 30‑6-89 by Md. Belayet Hossain, Inspector of District Anti‑Co..

Category: Criminal Law | Date: | Hits: 97

Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)

....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......nt Case No.132 of 1983 under section 25(b) of the Employment of Labour (Standing Orders) Act, 1965 complaining against his dismissal from service and praying for re‑instatement with back wages. The case was rejected by order dated 11‑4‑1984 as he failed to appear before the Labour Court. Labou..

Category: Labour and Industrial Law | Date: | Hits: 177

Ahad Miah Vs. State, 1997, 26 CLC (HCD)

....etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200...

Category: Criminal Law | Date: | Hits: 86

Gias Uddin Vs. Dhaka Municipal Corpora­tion and others, 1996, 25 CLC (HCD)

....acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......unauthoried occupant in Gulshan Park No.1 popularly known as Taltala Park has substance. 5. Right to life under Article 31 of the Constitution may be interpreted in the facts and circumstance of a case, to mean right to accommodation without which human life cannot be protected. But that does not..

Category: Constitutional Law | Date: | Hits: 369

Seraj Miah Vs. State, 1997, 26 CLC (HCD)

....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ...... Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 2000.00, in default, to suffer rigorous imprisonment for 6 (six) months more. 2. The prosecution case, in short, is that appellant Seraj Miah, younger brother of informant Md. Shishu Mia (P.W.1), w..

Category: Procedural Law | Date: | Hits: 94

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189........ Jobaida Rashid has been residing in House No.7 of Road No.55, Gulshan, Dhaka along with her children and husband Khondaker Abdur Rashid and also with domestic employees and servants. It is also the case of the petitioner that in connection with Dhanmondi PS Case No. 10(10) 96 dated 12‑10‑96 th..

Category: Criminal Law | Date: | Hits: 89

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ...... in Sessions Case No.73 of 1999. This has necessarily attracted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record togeth­er with the judgment having been, therefore, sent to this Court, this Court regi..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....he said command paper in the Convention. 13. They argued that 50% of the entire population of Bangladesh are women but they are hardly represented either in the House of the Nation or in the grass root levels of the Local Government, as such, the framers of the Constitution not only provided for ...... participa­tion in the functioning of the City Corporations. The learned Attorney‑General stressed that such participation itself is the end and further submitted, quoting from the decision in the case of St Stephen’s College etc. Vs. University of Delhi etc., AIR 1992 SC 1630 that to treat une..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......lastly contends that there is no bar in transposition of the defendants in the category of plaintiff under Order 1 rule 10 of the Code of Civil Procedure. In support of his contention he referred the case of Nirode Chandra Banerjee Vs. Profullla Chandra Banerjee and others, reported in 40 CJL 535 wh..

Category: Civil Law | Date: | Hits: 154

Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)

.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ..

Category: Criminal Law | Date: | Hits: 96

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340....... requesting the petitioner to produce citizenship and some other documents (Annexure‑F) was also impugned. This was, however, later on modified by a Rule issued on 3.6.91. 2. The petitioner's case as stated in the petition is that the petitioner is the owner and possessor of land through inh..

Category: Immigration and Citizenship Law | Date: | Hits: 178

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......e learned Advocate submits that the law in force at the time of filing the appeal and not law prevalent at the institution of the suit will determine the forum of appeal. He cites the decision in the case of Mozaffar Ahmed. Vs. Anwar Ali and others, 16 DLR 336 in aid of his contention. 4. Mr. ..

Category: Procedural Law | Date: | Hits: 102

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......endant petitioners (except in Civil Revision No. 678 of 1987) moved this court and obtained the concerned Rules. 4. The facts in Civil Revision No.678 of 1987 are different from those of the other cases. The concerned suit was instituted by the plaintiff against the defendant by filling the plain..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....ay again so decide to abandon his domicile of choice and once he leaves the place if domicile of choice, the domicile of origin revives. Thus for continuing a permanent residence a person need not be rooted to the place of his permanent resident. There is nothing on record that the plaintiff while s......e property and the position being such the instant suit being Other Suit No.124 of 1987 is hit by the principle of constructive res judicata and therefore non-consideration of the above aspect of the case has rendered the impugned judgment wholly illegal and liable to be set aside. The learned Couns..

Category: Property Law | Date: | Hits: 111