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State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)

....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ...... his house. He admitted that on the day previous to the occurrence there was quarrel between the victim and his son accused over selling of the cow. Accused occasionally used to live in his father-in-law’s house. Accused was apprehended from his father-in-law’s house in the evening on the date o..

Category: Criminal Law | Date: | Hits: 72

Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)

....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ...... a defaulter. I find from the deposition of P.W.1 Jahanara Hasan, who is the full sister of defendant Nos.1 and 2, that she has been collecting rent herself since 1987 and prior to that her sister-in-law used to collect rent. She further stated that rent for the suit premises was some time paid by d..

Category: Property Law | Date: | Hits: 64

Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)

.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......nal application and obtained the instant Rule. 6. Mr. Shamsul Huda, the learned Advocate appearing for the defendant petitioners, submits that the learned appellate Court below on misconception of law and facts erroneously allowed the prayer for temporary injunction as well as mandatory injunctio..

Category: Employment/Service Law | Date: | Hits: 101

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......osite parties on record as respondents or such other or further order or orders passed as to this Court may seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, these were heard analogously and are disposed of by this judgment. 3. Facts rele..

Category: Procedural Law | Date: | Hits: 70

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......arbitrator or to nominate another arbitrator from their side, if they so desire. That notice was received by the opposite party, but they have not nominated any other Arbitrator as required under the law and therearter at the request of the petitioner Mr. Justice Abdur Rahman Chowdhury constituted h..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......ted 23-9-96 under the heading ‘Khulna District’ serial No.226 page 9764 (32) as evidenced by Annexure ‘F’ to the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect. 2. The facts, as stated in the petitioner, in shor..

Category: Limitation Law | Date: | Hits: 175

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......ugh CMM Court, Dhaka. This was received by the accused petitioner on the 4th September, 1993. It was directed in this summons that the accused petitioner was to appear either in person or through the lawyer before the learned magistrate on 5-9-1993. Thereafter, the petitioner as alleged duly empower..

Category: Criminal Law | Date: | Hits: 70

Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)

....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ...... P.W.1 ASI of Police Md. Abdul Halim Mia is the informant. P.W.2 Dr. Fakhrey Alam held post mortem examination of the dead body of deceased Nasir. P.W.3 Jalaluddin is a neighbour of the father‑in‑law of deceased Nasiruddin as well as of the accused appellants. P.W.4 Sayed Mia is the nephew of P...

Category: Criminal Law | Date: | Hits: 56

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ...... 8. He next submits that admittedly petitioner Nos.1 and 2 are private individuals and the proceeding initiated by the Bureau of Anti-Corruption against them is illegal and without jurisdiction as law does not permit Bureau of Anti‑Corruption to initiate proceeding against private Individuals. ..

Category: Criminal Law | Date: | Hits: 105

Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)

....urt observed that plaintiffs paid ad valorem Court fees with a prayer for establishment of title in the judgment it does not appear from the record that any such application was filed at any time for amending the prayer of the plaint. But the learned Advocate for the plaintiff‑petitioners contends......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..

Category: Civil Law | Date: | Hits: 86

Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)

....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......is of their deed of exchange. 4. During the proceeding of the SCC suit, the defendant filed an application under section 23 of SCC. Act on 2‑5‑92 praying for return of the plaint to the filing lawyer for presentation to the proper Court of Civil jurisdiction stating therein that a complicated..

Category: Property Law | Date: | Hits: 59

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......t both the Tribunal and the appellate Court having had held that the petitioner was not disqualified under section 7(2)(e) and 7(2)(g) of the Ordinance, 1983 the appellate Court committed an error of law in directing re‑election inasmuch as the tribunal and the appellate Court found the petitioner..

Category: Election Law | Date: | Hits: 148

Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)

....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......-77 and on the same day attached the disputed proper­ties, namely, two rice mills and appointed the Circle Officer (Rev.) as receiver. On the follow­ing day the learned Magistrate after hearing the lawyers of the Second Party stayed the operation of his order till final hearing and decision. 3...

Category: Criminal Law | Date: | Hits: 69

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......he question: Whether the order of detention was a valid order in view of the fact that the grounds stated in the order were mentioned disjunctively and also one of the grounds, namely, maintenance of law and order was not within the ambit of Rule 5(1) of the Emergency Powers Rules and so the order o..

Category: Criminal Law | Date: | Hits: 103

Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......ugned judgment and order of conviction and sentence dated 08.3.1999 and the evidence on record. Now, let us see whether the impugned judgment and order of conviction and sentence is sustainable in law. 12. Admittedly, the deceased Hanufa Akhter was the wife of the convict-appellant Humayun and..

Category: Criminal Law | Date: | Hits: 112

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......mission Vs. Shamima Begum and others, (2010) 62 DLR (AD) 277, appellant No. 2 was tried illegally and as such the judgment and order of conviction and sentence passed against her being not tenable in law, is liable to be set aside. 13. He further submits that if charge against appellant No. 2 is ..

Category: Criminal Law | Date: | Hits: 108

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

.... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ......alance sum. The Plaintiff Respondent put its claim in the Plaint at Tk. 84 and odd lacs including a sum of Tk. 50 lacs, claimed as compensation or damages for the loss suffered by it because of the unlawful acts of Appellants. On being served with notice of the suit the Appellants filed an applic..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Abu Taleb Vs. State, 1988, 17 CLC (HCD)

....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down imme­diately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239....... confessional state­ment, which has been made the only basis of conviction, on the face of it appears to be involuntary and not true as well. The learned Advocate also concedes to the proposition of law that the convic­tion can not be based on such confession which on the face of it appears to be ..

Category: Criminal Law | Date: | Hits: 84

Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)

....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......ddin Dewan of Goshala Bazar (Tumal Quarter), P.S. and District Lalmonirhat should not be brought before this Court so that it may satisfy itself that the detenu is not be­ing held in custody without lawful authority or in an unlawful manner. 3. The petitioner has stated in her petition that the ..

Category: Criminal Law | Date: | Hits: 66

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ...... of the appellate Court is set aside, and the suit is sent back on remand to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..

Category: Property Law | Date: | Hits: 58