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State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....s 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. ......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. ......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)
....sented by the Secretary, Ministry of Home Affairs Government of Bangladesh and others.......................Respondents. Judgment August 15, 1990. Lawyers Involved: Sk. Atiar Rahman, Advocate ‑ For the Petitioner. Syed Mokaddas Ali, Assistant Attorney General ‑ For the Respondents......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. ......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)
....................Petitioner Vs. Akbar Ali Sheikh and others................Opposite-Parties. Judgment August 9, 1990. Case Referred to- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 78. Lawyers Involved: Hasan Foez Siddique, Advocate -For the Petitioner. ......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.......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
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....Opposite Parties. Judgment June 20, 1989. Cases Referred to- K Kemaraja Nadar Vs. Khunju Thevar and others, AIR 1958 (SC) 687=1959 SCR 583; Murarka Radhey Shyam Ram Kumar Vs. Roop Singh Rathore, 1964‑3 SCR 573; Ch. Subbarao Vs. Member, Election Tribunal, Hyderabad (1964) 6 SCR 213. Vi......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.......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)
....d 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. ...... 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. ......llage Asadpur and raised cries. On hearing their cries PW 9 Abdur Rashid, step‑brother of Askok Ali, rushed to the place of occurrence and found the appellants to run away towards their houses with arms in their hands. PW 4 Biddya Miah, PW 5 Bisha Miah, PW 7 Bakshu Bibi, PW 9 Abdur Rashid and othe..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....oes not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ...... 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......nd the defendant No. 2 is exhibit‑4. The defendant exhibited a complaint lodged with the local Union Parishad on 5.1.74 as exhibit 'Ka' against the plaintiff and her brother Shafiullah for order of recovery of three blank stamp papers, two registered kabalas and one copy of khatian No. 503. The ka......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)
....rs.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) 453, 17 DLR (SC) 457, 14 CWN 31; 87 CIJ 217. Lawyers Involved: MI Farooqui with M Saleem Ullah, Advocates ‑For the Petitioner. MH Khondker with AJ Mohammad Ali, Advocates ‑ For Respondent Nos. 1......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. ......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)
.... 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. ......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......instituted Money Suit No.21 of 2006 on 08.05.2006 before the 1st Court of Joint District Judge, Dhaka impleading the present petitioner as the defendant (the plaintiff of Money Suit No.2 of 2005) for recovery of Tk.5.22,28,700/- as compensation for the alleged breach of contract dated 18.3.02 which ......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)
....e dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......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. ......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)
....gment 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.......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.......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
....................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases Referred to-
SP Sampath Kumar Vs. Union of India, AIR 1987 SC 386; Md. Serajul Islam Vs. Director General of Food) givin......Secretary, Ministry of Agriculture) who by his letter dated 2.9.89 (Annexure ‑G) asked the petitioner to remain present on 16.9.89 from 10.00 A.M. in his office in the Bangladesh Secretariat at the time of examination of the witnesses. At this stage on 13.9.89 the petitioner moved the present Writ......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....r as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......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 ......racted in the facts of the present case. 17. In PLD 1972 Karachi 174 the appellant Kaysons was a pledger and the respondent was a Bank with whom it had pledged its goods. The Bank filed a suit for recovery of money. The appellant filed an application for obtaining a general order of the Court tha......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)
.............Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For the Opposite Party No. 2. Ci......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. ...... 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
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....1965 (Madras) 610; Chief Kwame Asante, Tredehene Vs. Chief Kwame Tawia, 9 DLR (PC) 686; AIR 1956 (Madras) 611; Mafizuddin Mia Vs. Muzlim Khandaker and others, 6 DLR 588; Neyaz Ahmed Khan Vs. Anwari Khatoon, 22 DLR 444, Santosh Lala Ghope Vs. Ahmed Ali, 25 DLR 142; 22 DLR 444; 6 DLR 588, AIR 1916 (Pa......he trial stage or even thereafter during appeal. So the question arises whether the learned Advocate is permitted to agitate the question of jurisdiction and maintainability of the suit for the first time in this Court at the revisional stage. 7. Mr. Nizamuddin Haider, the learned Advocate appear......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
.... aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......ember, 2008. If the petitioner pays the 1st installment by 21st September, 2008 the order of stay shall remain in force till next installment and onward on payment of subsequent installments within time". 4. Mr. Mahbubey Alam, learned counsel appearing for the appellant, questioned the propriet......at). 2. Facts relevant for the disposal of this appeal are that the respondent No.2 instituted Artha Rin suit No.66 of 2006 in the Artha Rin Adalat No.1, Chittagong against the respondent No.1 for recovery of Tk. 53, 15,235 with interest pendentelite. The suit was eventually decreed. Thereafter, ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....me Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Mohammad Fazlul Karim J Hasina Mawla……………………Petitioner Vs. Bangladesh Parjatan Corporation and another…………........Respondents Judgment November 18, 1992. C......ions made in the petition stating that after making due consideration of the state of health of the petitioner, the respondents ordered her retirement with full benefit as she was on leave for a long time and was unable to resume her duties. The medical officer of the respondents after examining the...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112....... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....ce Co. Ltd., (1912) 16 CWN 991=17 IC 188; Kolhapur Vs. Sundarak, AIR 1925 Madras, 497; Rosi Vs. Pillamma, (1909) 20 MLJ 400; Mangal Sen Vs. Emperor, 1929 Lah. 840; Mt. Moril Kuer Vs. Rajab Ali, 1936 Patna, 34; Ahmed Ali Vs. Joti Prasad, 1944 All, 188; Suraj Narain Vs. Jamil Ahmad, AIR 1946 Patna 348......though we may if we choose, think that it is of little value.” 9. I fully agree with the view. There is no provision in the Evidence Act that the evidence of a witness which is admissible at the time he gave it should become inadmissible for the simple reason that he could not be cross‑examin......anti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision No. 2550 of 1991. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule arises out of a suit for declaration of title and recovery of khas possession in certain land. It is being contested by some of the defendants includi......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....others Vs. The Government of Bangladesh, 27 DLR page 27; 28 DLR (AD) 120; 28 DLR 27; Government of Bangladesh Vs. M S Ispahani, 40 DLR 116. Lawyer Involved: MI Farooqui with M Saleemullah, Advocates- For the Petitioner. Mashuque Hossain Ahmed, Assistant Attorney General ‑ For the Responde...... In 1955 the petitioner came to Chittagong with her father from Afghanistan Without passport. In 1961 she was married to Abdul Khaleq, another national of Afghanistan residing at Chittagong and in time out of this wed‑lock she gave birth to five children‑two sons and three daughters. The said......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....urt High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ebadul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Refe......laint do not constitute an offence either under section 406 or under section 420 BPC. He submitted that there is no allegation that the accused had initial intention to deceive the complainant at the time of taking the loan and his subsequent conduct cannot alter a civil transaction into a criminal ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
....ies Corporation and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s Hossain Ahmed Vs. M/s HD Hossain and Brothers, 32 DLR (AD) 223; KM Guruswami Vs. State of Mysore, PLD 1956 (SC India) 53; UK Salsabil Vs. Shams Corporation, 37 DLR (AD) 117; AIR 1992 ......k order in favour of respondent No.6 Mr. MA Momit (Asuk) Annexure ‘N’.
2. It is the case of the petitioner that he is doing his business with Sylhet Pulp and Paper Mills Limited for quite some time. The said Mills published a tender notice for supplying Mariti (bamboo) from the Juri Range wit......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
..
Category: Others | Date: | Hits: 128
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