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Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....8.5.1989 stating that the said tin shed was not constructed in an area contrary to the Master Plan or development plan and the petitioner is prepared to get sanction for his tin shed on payment of 10 times of the prescribed fee and reasonable fine and prayed for withdrawing the notice of demolition....... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....65a/1985 under sections 499/500 of the Penal Code pending in the Court of the learned Chief Metropolitan Magistrate, Dhaka so far as it relates to the accused petitioner should not be quashed. At the time of issuance of the rule, all further proceeding of the aforesaid case was stayed pending hearin......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....urt, Moulvibazar believed the evidence of the pre‑emptor, Promode Ranjan Das, that he is a non‑notified contiguous land holder who came to know about the transfer in Sravan 1380 BS and not at the time when it was transferred, that the case is not barred by limitation and that he is entitled in l......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....led. It appears from the record that written statement has already been filed and the defendant examined himself as D.W. 1 with the leave of the Court in the year 1984 as he was going abroad for some time and was cross‑examined and the case of the defendants was totally open for the plaintiff. The......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....) Rules, 1983, stated the legal position thus: "Upon a plain reading of these rules it is found that from the date of withdrawal of nomination papers to the date of election at least fifteen days' time must be give under rule 9. Similarly at least fifteen day's time shall be given from the date o......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....es present seized marked 32 bore Pakistan made revolver No. B B 1448 with a live bullet and empty shells of 3 fired bullets and obtained signature of the witnesses in the seizure list Ext. 2. At that time victim P.W.2 Saiful Islam informed him that as soon as he had reached to the southern side of D......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....d his discretion in the matter and refused, upon arrest, to grant bail, a grave or irreparable wrong or injustice might result which it was in the highest decree desirable to avoid, which at the same time preserving the interests of justice so far as they related to the charge against such accused p......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....d the jurisdiction of the District Magistrate, Satkhira under section 3 (2) of the Special Powers Act. Moreover, ground Nos. 1, 3 and 4 lack in material particulars as there is no mention of specific time, place and date on which prejudicial activities were committed by the detenu. Mr. Rahman next s......if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ..Category: Constitutional Law | Date: | Hits: 172
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....sessed the suit land on his own right after mutation of his name in the land lord’s Sherista. The plaintiffs filed the suit on false statements out of ill motive as the price of the land went two‑time higher by that time and hence the Suit was liable to be dismissed. 4. The plaintiff examined......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......ent employee considering the gravity of the offence committed by him. Accordingly, Rule “৪০(১)(খ)(ই)” provides for demotion of an employee to a lower post or to a lower grade of service scale, Rule “৪০(১)(খ)(আ)” provides for realization of the financial loss caused to the..Category: Employment/Service Law | Date: | Hits: 175
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....7 in place of "P‑Deposits and Advances‑Part II ‑Deposit not bearing interest Civil Deposit ‑Deposits in connection with election." 7. An examination into the provisions reveals that at the time of presenting an election petition the petitioner is required to deposit Tk. 500/‑ as securit......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
.... their houses with arms in their hands. PW 4 Biddya Miah, PW 5 Bisha Miah, PW 7 Bakshu Bibi, PW 9 Abdur Rashid and others carried injured Asak Ali to his house where he succumbed to his injuries some time thereafter. PW 1Taleb Hossain heard about the occurrence from PWs 2,4, and 6 and lodged the Fir......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
.... himself and defendant No. 2 sold the disputed land to his wife Braja Bashi Debi by a kabala, exhibit 'Kha' which was executed on 14.4.74. His further case is that the defendant No. 2 at the relevant time had not been in Bangladesh and he did not execute any bainapatra in favour of the plaintiff and......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....tal expenditure of the construction of this building and her co‑sharers having spent 4 annas share of the said expenditure. She was a national of Bangladesh along with her husband and children. Sometime in 1971 she went to Karachi with tier children for attending a social function there and before......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....ney Suit No.21 of 2006 filed by the defendant No.1 New Sagurnal Teal Co. represented by its Chairman is shown to have been in Dhaka and that the evidence of P.W. 1 in Money Suit No.2 of 2005 has some time ago been recorded by the Court of Joint District Judge, 1st Court, Moulvibazar for doing effect......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....king observation to the effect that the judicial confession of the condemned-appellant Sohel and other incriminating evidence and circumstances were not brought to the notice of this accused at the time of his examination under section 342 of the Code of Criminal Procedure and holding that the non......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....e thoroughly cross-examined them but failed to shake their testimony in any manner as regards their presence at the place of occurrence, the manner of causing injuries by the respondents and also the time of occurrence. True, these witnesses are related to each other but mere relationship is not a l......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ut the suit having not been soon disposed of and the delay in the disposal to the suit having caused an irreparable loss to the plaintiffs by giving rise to contigencies that was not available at the time of passing the injunction order the learned Subordinate Judge erred in not exercising inherent ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....eft away the suit premises delivering possession thereof to Sitanath. In 1959 all the huts standing on the suit land were burnt out. Then Sitanath Sarkar reconstructed the structures thereon. At that time the defendant bank raised objection taking the ground that Sarada Paul had mortgaged the land t...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70