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Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....reme Court High Court Division (Criminal Revisional Jurisdiction) Present: Anwarul Hoque Choudhury J AKM Sadeq J Abdul Hakim and others..................Petitioners Vs. The State......................................Opposite Party. Judgment February 15, 1990. Cases ......Cr.P.C. provided that any Magistrate of the 1st class or of the second class specially empowered in this behalf may record any statement 6f confession made to him in course of investigation or at any time afterwards but before completion of the enquiry and the trial. Any such statement be recorded b......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
....n view of 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) 286.
......the police after investigation submitted a final report on 5‑3‑72 stating that the fact of the case was found to be true, that the plaintiff requested the insurance company over telephone several times to arrange for survey of the loss of the plaintiffs insured properties and ultimately by their......lt this appeal is allowed and the suit is dismissed. In view of 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) 286.
......lt this appeal is allowed and the suit is dismissed. In view of 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) 286.
..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....his Case is also Reported in: 43 DLR (1991) 282.......he learned Advocate submits that amendment of the pleading can be made at any stage of the suit provided such amendment does not prejudice the interest of the other party which it has got by lapse of time nor it would change the nature of suit. He argued that during the pendency of the suit the plai......ure of suit. He argued that during the pendency of the suit the plaintiffs were dispossessed from the suit land for which previously an amendment petition was filed praying for inserting a prayer for recovery of khas possession of the suit land and the present amendment was found necessary for speci......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....279.......ner then obtained the present Rule. 4. Mr. Syed Ziaul Karim, the learned Advocate for the petitioner first contended that as the Investigation by the police was not completed within the prescribed time limit, the accused persons were entitled to get an order of release under section 167(7) of the......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....ion arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......ed the case of Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796, in support of his contention. 8. The law as to what is and what is not partial pre‑emption has been dealt with exhaustively from time to time in various decisions of this Court. The uniform view is that the right to pre‑emption......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....re directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......ny as 4 eye‑witnesses and 3 victims of the occurrence have most competently deposed about the entire manner of the occurrence. According 'to the learned counsel, the entire occurrence regarding the time, place and manner are practically undisputed and the entire defence plea was rather a minimisat......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... 3‑00 PM he found on examination one penetrating wound ½” X ½” on the left chest, another penetrating wound on the front side of the left thigh and another penetrating wound on the left upper arms which were caused by sharp pointed weapon. Thus undoubtedly PW 3, 4 and 5 were the eye‑witnes..Category: Criminal Law | Date: | Hits: 61
....ver, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......ded,
"(aa) to pass a decree for specific performance of contract directing the defendants to execute and register the sale deed transferring the Suit properties in favour of the plaintiff within a time to be fixed by the Court and also to deliver possession of the suit properties to the plaintiff......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....t High Court Division (Civil Revisional Jurisdiction) Present: Abdul Bari Sarkar J Abdul Hasib J Mosharraf Hossain Mia ...................................Petitioner Vs. Mosammat Hasina Begum and others...............Opposite Parties. Judgment May 13, 1990. Lawyers I......The plaintiff afterwards filed two cases for violation of injunction namely Miscellaneous Case Nos. 33 of 1988 and 76 of 1988 against the defendants and the violation cases are pending. In the mean‑time, the plaintiffs filed a petition under section 94 of the Code of Civil Procedure for arrest of ......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....s Case is also Reported in: 43 DLR (1991) 249. ......re on 18.1.86. He deposed that police produced the condemned prisoner for recording his confessional statement. He further said that he observed all the legal formalities, gave the condemned prisoner time to reflect and then recorded his confessional statement. He also said that he read over the sta......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....tition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......t all maintainable. 5. Mr. Md. Abdul Majid, the learned Advocate appearing for the appellant‑petitioner, however, contends that if the Memo of Appeal cannot be entertained, the same being out of time by 38 days, this Court can treat this petition of appeal as a revisional application under sect......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
.... Marida Begum and others.......................Petitioner Vs. Moulavi Md. Hasan and others.................Opposite Parties. Judgment August 9, 1989. Cases Referred to- Dwarkanath Mandal and another Vs. Sri Gobinda Chowdhury, AIR 1929 Cal 130; Wolverhampton New Water Works Co......me. The sale was confirmed on 3.6.1961. The auction purchasers claimed that they took possession on 8.8.1961. The petitioners and their mother alleged that they came to know of the sale for the first time on 21.11.1962 when some auction purchasers asked them to vacate the house at Cox's Bazar. There....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242........ The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....rt High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J Sheikh MA Jabbar.....................................Petitioner Vs. (1) AKM Obaidul Huq (2) The State............Opposite Parties. Judgment January 4, 1990. Cases Referred to- Aswani Ku......ction 522 of the Code of Criminal Procedure passed in Case No. 792A/85 are twofold. Firstly, under the facts and circumstances of the case the order of restoration under section 522 was passed beyond time and without jurisdiction, Secondly, the order has been passed contrary to the provisions of sec......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....lled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......come within the mischief of rape defined under section 375 and made punishable under section 376 BPC as she was a willing party and had sexual intercourse with the appellant quite willingly or a long time and got a child by him. From the above, it is clear that no useful purpose will be served by se......is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230...Category: Criminal Law | Date: | Hits: 68
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....e is also Reported in: 43 DLR (1991) 229....... any according to the draft voter's list for the said area. 2. Section 15 of the Electoral Rolls Ordinance, 1982 (Ordinance No. LXI of 1982) provides as follows: "15. The Commission may, at any time, order the inclusion in the electoral Roll of the name of any person qualified to be enrolled o......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229.......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229...Category: Election Law | Date: | Hits: 112
....ment
April 17, 1990.
Cases Referred to-
Bangladesh Shilpa Rin Sangstha Vs. Chairman, 2nd Labour Court, Dhaka and others, 32 DLR 265; Mohammad Motahar Hossain Vs. Bangladesh Jute Mills Corporation, 36 DLR (AD) 281; Bikash Ranjan Das Vs. Chairman, 2nd Labour Court, Dhaka and others, 29 DLR (......epartment. The charges were vague, uncertain, indefinite and not within the scope of section 17(3) of the Employment of Labour (Standing Orders) Act, 1965. The first party worker within the specified time submitted written explanation to the second party No. 2, Factory‑in‑Charge stating that the......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....……………..Petitioner Vs. People's Republic of Bangladesh……………………………….Opposite Party. Judgment April 10, 1990. Lawyers Involved: Gour Gopal Saha, Advocate ‑For the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. ......ffs are heirs of the deceased sons of Rajab Ali. Preliminary rent roll was prepared in the name of the plaintiffs and accordingly they paid rent to the Govt. Acquired Estate but due to mistake at the time of the final publication of the SA Khatian only 0.30 decimals of land in plot No. 267 was wrong......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Chevron Lines, a registered partnership with its office at Sheikh Mujib Road, Dewanhat, Chittagong………………………………………………......ecame lowest bidder. But the tender was cancelled and a fresh tender was floated on 24.12.89 violating the Rules contained in the Purchase Manual of Petrobangla relating to re‑tender. However, this time 9 (nine) bidders including the petitioner and the respondent No. 4 participated and the tender ......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ..Category: Others | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....t High Court Division (Criminal Miscellaneous Jurisdiction) Present: Anwarul Hoque Choudhury J Habibar Rahman Khan J Hussain Mohammad Ershad..............Petitioner Vs. The State ......................................Opposite Party. Judgment May 22, 1991. Cases Refe......f the former President and members of his family and handed over those to Mr. Mustafizur Rahman who was also a member of the Board and who was present then with the other Members of the Board at that time. They again sealed those two rooms. On 15.12.90 vide order issued from the Ministry of Home Aff......d descriptions has been given as to the look and colour of the arms, green, blue or red and also of the ammunition wrapped in white paper or plastic paper and it appears that there is also mention of recovery of eleven live cartridges used in 30‑06 rifle. It also includes empty shells found in the......a Bhaban was taken over by a Committee, appointed by the Government and handed to the Chief Metropolitan Magistrate, Dhaka for making an inventory which the Committee did. The Committee found several arms of different descriptions and also ammunition. Having not been satisfied as to the legal posses..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
.... and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......hat although Arun was taken into Ramna PS and put into custody, no GD Entry was made. Arun was kept in custody at Ramna PS from 23.10.86 to 25.10.86. It is alleged by the prosecution that during this time Arun was seriously beaten. Prosecution further alleged that accused appellants extorted money f......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......d order passed by the High Court Division is illegal, malafide and as such, liable to be set aside. 5. It appears that admittedly, the employees of BCIC do not have any pension benefit. At the time of retirement, they are entitled to 12 months salaries at a time on account of encashment of ea......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ..Category: Employment/Service Law | Date: | Hits: 90
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