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Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....the first as in the second proceeding. Explanation‑A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section." 30. Rules of evidence provides that the best evidence available must always be produced. In this case Ab......n the person of Arun and they are guilty of the offence charged under section 304, Part 11/34 Penal Code. Because the cause of injuries is peculiarly within the knowledge of the accused alone who had absolute control over the Ramna Police Station and the victim Arun was in their absolute custody. ..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....r leave to appeal are directed against the judgment and order dated the 2nd day of July, 2009 passed by the High Court Division in Writ Petition No. 8720 of 2008 with W.P.No.9401 of 2008 making the Rules absolute declaring that the Memo No. বিসিআইসি/প্রশা-১/পি.এ......e to appeal are directed against the judgment and order dated the 2nd day of July, 2009 passed by the High Court Division in Writ Petition No. 8720 of 2008 with W.P.No.9401 of 2008 making the Rules absolute declaring that the Memo No. বিসিআইসি/প্রশা-১/পি.এফ 1995..Category: Employment/Service Law | Date: | Hits: 90
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....ision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in Civil Revision No.485 of 1987 and for re‑hearing of the matter. 2. The plaintiff...... Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in Civil Revision No.485 of 1987 and for re‑hearing of the matter. 2. ..Category: Procedural Law | Date: | Hits: 73
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....s ‑ For the Petitioner. TH Khan with Dr. M Zahir with Feroz Shah, Advocates ‑ For the Respondent Nos. 1 and 2. Writ Petition No.1652 of 1992. Judgment Anwarul Haque Choudhury J.- This Rule arises out of an application under Article 102 (2)(a) (ii) of the Constitution of the People's ......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ...... for 10 years without just cause. 14. The High Court Division has totally over looked the above admitted facts and the admission of the writ petitioner and on a misconception of law, made the rule absolute. The judgment of the High Court Division is liable to be interfered with. The appeal is ..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....by and dismissed with the judgment and decree of the appellate Court, the plaintiff-opposite-party Nos. 1 and 2 preferred Civil Revision No. 4954 of 2003 before the High Court Division and obtained Rule. The learned Single Judge of the High Court Division upon hearing the parties vide judgment and......nce on record and passed the impugned judgment on a slipshod manner on surmise and conjuncture. On the above finding and observation, the learned Single Judge of the High Court Division made the Rule absolute restoring the judgment and decree of the trial Court setting aside the judgment and decree ..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....e Judge and dismissed the said appeal. Thereafter a revisional application was filed before the High Court Division, Barisal Bench, against the order of the learned District Judge on 31.1.85 in which Rule was issued and it was numbered as Civil Revision No. 25 of 4985. After hearing this revisional ...... review against the order under the aforesaid memo and this application for review was also rejected by the respondent No. 1 under Memo No. 11‑1/86/438/1(3) dated 19.11.86, The aforesaid orders are absolutely lawful orders and, as such, cannot be interfered with. 8. Subsequently, the petitioner..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
.... Marfat Ali, Advocate ‑ For the Petitioners, Akram Hossain Amin, Advocate ‑ For the Opposite Parties. Civil Revision No. 513 of 1973. Judgment Bimalendu Bikash Roy Chowdhury J. - This Rule at the instance of some of the judgment‑debtors is directed against an order passed by the le......te parties 1‑4 are the only necessary parties for disposal of the Rule. It cannot be, said that the Rule has become incompetent for the said order of discharge. 8. The Rule is, accordingly, made absolute with costs and the order dated 27.3.73 is set aside and the miscellaneous case under sectio..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....be verbally told on false pretext that the duplicate keys were lying in the Bhairab branch of the bank. As a matter of fact the defendant No. 1 did not know where the duplicate keys were kept. As per Rules of the Bank at the time of making over and taking over charge the duplicate keys must be teste......he amount of Tk. 19050.12 paisa or any other amount while he was on duty as acting Head Cashier in the Ajmiriganj Branch and as such the question of payment of the amount by him does not arise. It is absolutely false and malicious to say that the defendant No. 1 is responsible for the alleged shorta..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
.... Abdus Salam Khan, Advocate ‑ For the Petitioner. Md. Lutfor Rahman Mondal, Advocate ‑ For the Opposite Party. Civil Revision No. 225 of 1990. Judgment Muhammad Ansar Ali J. - This Rule issued at the instance of the petitioners (Defendant Nos. 7 and 8) is directed against 2 orders...... that way particularly on the issue of summoning defendant’s witnesses. So we feel that in the interest of justice, the suit should be disposed of expeditiously. In the result, the Rule is made absolute in part. It is absolute so far as it relates to order No. 101 dated 6.1.90 and it is discha..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....der, Advocates ‑For the Petitioner. Tapan Kumar Chakraborty, Advocate ‑ For the Opposite Party No. 1. Civil Revision No. 108 of 1988. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule tinder section 115 of the Code of Civil Procedure is directed against an order of remand. 2.......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
..... Lawyers Involved: MG Bhuiyan, Advocate ‑ For the Petitioner. Ziaur Rahman Khan, Advocate ‑ For the Respondents. Writ Petition No. 524 of 1989. Judgment Kazi Ebadull Hoque J. - Rule Nisi was issued on 21.5.1989 in this case on the respondents to show cause as to why notice dat...... 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)
....olved: SAM Mahbub Elahi, Advocate ‑ For the Petitioner. M Habibullah, Advocate ‑ For the Opposite Party No.1. Criminal Revision No.235 of 1985. Judgment Muhammad Ansar Ali J.- This Rule at the instance of accused petitioner Mrs. Sigma Huda in an application under section 561A of t......site party No.1 herein) and the same would defame and lower him in the eye of the people and that the said letter Annexure‑B to the petition written by accused No.3 (petitioner herein) is fully and absolutely defamatory of the complainant (Opposite party No.1 herein) and the said letter contains m..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....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.......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)
....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.......number or for raising the quantum of suit land which shall certainly prejudice the defendant in his defence if the amendment sought for in these ways is allowed. 10. In the result the rule is made absolute without cost and the impugned order passed by the Assistant Judge, 2nd Court, Dhaka on 16.8..Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....khardi Government Primary School, Chakratala Government Primary School and Chashai Primary School fixed for the purpose of the said election, but immediately before the scheduled date in violation of Rule 26 of the Union Parishad (Election) Rules, 1983 a new centre was opened at Khanebari Primary Sc......ioning failure of justice in holding that the setting up of the new centre at Khanebari Government Primary School was violative of rule 6(1A) of the aforesaid Rules. The rule is, accordingly, made absolute and the Judgment and order of the learned District Judge, Comilla so far as it relates to s..Category: Election Law | Date: | Hits: 129
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....efore the Court below, they would not be treated in accordance with law and would surely be given to police remand. 4. The High Court Division, after hearing, by its Order dated 8-6-2010, issued a Rule to show cause as to why the accused-respondents should not be enlarged on anticipatory bail......is sort of allegations involving well orchestrated conspiracy, with a pre-arrest bail order, though subject to some conditions, have not been taken into account by the learned single Judge. We have absolutely no doubt that if respondents in such case are equipped with such an order before they are..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....) of the Constitution of the People's Republic of Bangladesh the petitioner Mr. Moazzem Hossain Chowdhury has challenged the legality of the detention of his teacher and next friend Ratan Singh and a Rule Nisi was issued on 18.4.90 to show cause as to why the said detenu now being detained in Satkhi......padi, Police Station Dacope. District Khulna, now detained in Sub‑Jail, Satkhira, be set at liberty forthwith, 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..Category: Constitutional Law | Date: | Hits: 172
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
..... Lawyers Involved: Hasan Foez Siddique, Advocate -For the Petitioner. Not represented- the Opposite Party. Civil Revision No. 1181 of 1980. Judgment Habibur Rahman Khan J. - This Rule at the instances of the defendant‑petitioner is directed against the judgment and decree date......the land, by the defendant to the plaintiffs. 9. The learned Trial Court found Ext. 1 is out and out the sale deed and the defendant got the land by the sale deed executed and registered on 2.10.63absolutely free from all encumbrances. The Trial Court also found that the Ext. 3 which is the judgm..Category: Property Law | Date: | Hits: 74
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