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Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......ana Case No.10 (10)/1996 and Lalbagh PS Case No.11 (11)/1975. In this Writ Petition the validity of the Indemnity (Repeal) Act, 1996, and the legality of the institution of the aforesaid two criminal cases have been challenged. 4. In Writ Petition No.5313 of 1996 Mrs. Mahmuda Rahman, mother of Co..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......information report. Subsequent expression in the next line of the section 32 (1) of the Durnity Daman Commission Ain, 2004 has made it clear that such sanction is only necessary at the time of filing case to the Court and not to the Police Station. The words “মামলা দায়েরের ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....held as follows: “Tendency of the Courts towards technicality is to be deprecated; it is the substance that counts and must take precedence over mere form. Some rules are vital and go to the root of the matter; they cannot be broken; others are only directory and a breach of them can be ov......ule is made absolute. Cases Referred to- AFM Shah Alam Vs. Mujibul Huq, 41 DLR (AD) 68; Rafiqul Alam Vs. Mustafa Kamal, 42 DLR (AD) 137; Ponnu Swam'si Case AIR 1952 SC 64 and Monindar Sing's case AIR 1978 SC 851; Ram Chandra Vs. Government of west Pakistan, AIR 1964 Cal 265, 272; Webb Vs. ..Category: Election Law | Date: | Hits: 211
....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......89) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the case are that, the opposite party Chittagong Steel Mills Limited as plaintiff instituted Money Suit ..
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......statement denying all the material allegations contending that the suit is not maintainable; it is barred by limitation and also barred by provision of waiver, estoppel and acquiescence. His specific case, in short, is that father of the plaintiff and defendant used to serve in a government office. ..Category: Property Law | Date: | Hits: 103
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
...... Assistant Judge, 1st Court, Dhaka in Title Suit No.238 of 1999 rejecting an application under Order VII rule 11 (d) of the Code of Civil Procedure.
2. The opposite parties in the instant revision case being the Secretary of Mohammadia Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter ..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......talk of reconveyance but the said two brothers in collusion with Nazar Ali created fraudulent registered deeds of agreement for a period of 12 years. Subsequently, Nazar Ali filed three Miscellaneous cases bearing Nos.1030/72‑73, 103/72‑73 and 1033/72‑73, for redemption in pursuance of Preside..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ...... sentences will run consecutively by the judgment and order dated 17‑4‑1993 passed by the Special Tribunal Judge, Court No.17, Dhaka in Special Tribunal Case No.389 of 1992. 2. The prosecution case, in brief, was that consequent on the lodging of First Information Report by SI Md. Akram Hossa..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
.... of Madaripur Sader Hospital, on 17‑11‑90 and he found the following injuries: 1) One sharp cutting injury on the right cheek measuring 6”x 3" x 2½” extending from upper right lip to the root of the right ear cutting skin, muscles, 1 blood vessels, right Maxila and right mandible bones.......tencing each of them thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for three months more each. 2. The prosecution case, in short, is that on 15‑11‑90 deceased Abdur Rashid Bepari returned home from Demuddya hat..Category: Criminal Law | Date: | Hits: 85
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......sion No.369 of 1996.
Judgment
Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six arbitration cases.
2. Government had acquired in accordance with the provision of Acquisition and Requisition..
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......nd transfer of suits, appeal and other proceedings. This discretion, however, is judicial discretion and therefore, it must be exercised for substantial reasons based on special facts of individual cases. Burden of substantiating good, sufficient and weighty grounds for transfer of a case lies hea..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......ous imprisonment for one month and also sentencing under section 161 of the Penal Code to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for one month more. 2. The prosecution case in short is that on 5-7-2008 one Abul Kalam Azad filed an allegation with the Divisional Office..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......B) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner is that on 22‑8-02 respondent No.7 invited sealed tenders in a two envelo..Category: Others | Date: | Hits: 174
....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......is contention is that for alleged recovery of illegal arms namely, foreign-made revolver of 22 bore Kotwali PS Case No.26(12)2002 under section 19(ka) of the Arms Act has been initiated and in that case the police after investigation has submitted charge-sheet and that case will be tried according..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......isen out of two orders of similar nature passed in Miscellaneous Case Nos.29 of 1995 and 30 of 1995 both dated 31‑10‑1995 passed by the learned Assistant Judge, 4th Court, Dhaka allowing the said cases which were filed under Order IX rule 13 of the Code of Civil Procedure. As similar facts and q..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......ure list and 370 Kg Palm Oil 185 Kg Soybean oil not shown in the seizure list should not be declared to have been done without lawful authority and is of no legal effect. 2. Brief the facts of the case, are that, the petitioner is a law-abiding citizen of Bangladesh and a bona fide businessman...Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......ahmood Tuku. 2. The convict-appellant preferred the instant appeal against the impugned judgment and order dated 15-11-2007 passed by the learned Special Judge, Special Court No.5 Dhaka in special case No.5 of 2007 arising out of special case No.32 of 2007 of the Court of Senior Special Judge and..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ...... land including the structures thereon. The said suit was decreed ex parte on 27-9-2003. 3. Thereafter, an Execution Case bearing No.355 of 2004 was started on 1-6-2004 pursuant to the execution case the executing Court invited tenders in respect of the schedule land to sell the same in auction..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......This appeal is directed against judgment, order of conviction and sentence dated 26‑6‑2000 by Additional Sessions Judge First Court Mymensingh in Sessions Case 27 of 1992 arising out of Trisal PS case 8 dated 19‑12‑1990 GR 102(2)90 under sections 302/34 Penal Code, convicting appellants Mokb..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......ice submitted final report against the accused on 2‑9-1999. 3. The informant being aggrieved by the final report filed Naraji petition before the learned Magistrate and the Magistrate sent the case record to the learned Special Tribunal for passing necessary order in the case. The Investigati..Category: Criminal Law | Date: | Hits: 86
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