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Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......under sub-section (1), the Revenue-officer may enter on the holding; and the holding shall, with effect from the date of which the Revenue-officer so enters on it, vest absolutely in the [Government] free from all encumbrances except the encumbrances on the holding which is extinguished under clause......ession said Santosh Kumar Roy Chowdhury, Ashok Kumar Roy Chowdhury, Nihar Ranjan Roy Chowdhury, Mrilani Roy Chowdhury, Amullay Roy Chowdhury and Binodini Roy Chowdhury transferred 291/12 decimals and from CS Plot Nos.400 and 6 to the plaintiff No.1 vide registered deed No.107 dated 4-1-1964 and deli...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......in 31 DLR 241 that the conclusion of the police in report submitted under section 27(1) of the Special Powers Act is not binding upon the Special Tribunal. It is further held: "Special Tribunal is free to decide in a case where he does not agree with the conclusion of the Investigating Officer an...... that the learned Sessions Judge while acting as Sessions Judge has, no doubt, jurisdiction and power under section 435 read with section 436 of the Code of Criminal Procedure to call for the records from the Court of the learned Magistrate for the purpose of looking into it and passing necessary or...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......eep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she gives something for her freedom. These are the limits ordained by Allah. So do not transgress them if any do transgress. The......urther case of the plaintiff is that defendant and plaintiff were legally wed couple under Islamic Shariah. The marriage was registered by kabinnama dated 12-4-1988 and dower was fixed at Taka 80,000 from where defendant paid Taka 21,000 by ornaments at the time of marriage ceremony and they have tw......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......ing for job. It appears that she is a very intelligent girl and this businessman Walter picked her up and wanted to achieve his ulterior purpose by using this girl. A girl above 18 in America leads a free life no doubt, and that is why probably her father and mother could not prevent, her from comin...... The security persons stopped her and searched her body in the bathroom with the help of a lady employee of British Airways and a lady officer of the Bangladesh Customs and four packets were received from the private parts of her body attached with adhesive tape. Thereafter, the customs people took ......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...Category: Criminal Law | Date: | Hits: 162
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......ses should be left out of consideration in order to avoid the chance of embellishment of the prosecution case. So, in all fairness, it can be said that the evidence of P.Ws. referred to above are not free from doubt inasmuch as it has been proved from their own admission on dock that some of them ar...... wife of the deceased lodged a first information report with Kotiadi Police Station alleging, inter alia, that on 6‑9‑1991 in the morning her husband Londer Ali went out on his usual morning walk from his house to Manikkhali Railway Station and on reaching his destination was returning home and ......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......in law to challenge any step in the process of election including an order passed by the Election Commission under Rule 70 because: (underlinings are mine) (a) the real and larger of completion of free and fair election with rigorous promptitude for timely emergence and functioning of elective ......utiny of nomination papers on 3rd and 4th December and last date of withdrawal of nomination paper on 11-12-2008. The petitioner as an activist of Bangladesh Nationalist Party (BNP) sought nomination from his party to contest the 9th Parliamentary Election but his political party did not nominate ......g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..Category: Election Law | Date: | Hits: 231
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......gal right of the petitioners to obtain transfer of the controlling shares, it is noticed that clause 1 of Article 4 of P.O. 27 of 1972 has provided for vesting of all scheduled industrial enterprises free from all encumbrances whatsoever: clause-2 of Article 4 has made provision to enable the Govern......e then Commerce Bank Ltd. In the said letter they also confirmed that the sale proceeds of the transfers amounting to Tk.10,07,700/- were to be credited towards the liquidation of the amounts due from them by the Bank. In that letter the petitioners also advised the bank to send, obviously to th......ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
..
Category: Company Law | Date: | Hits: 162
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......Vs. Hossain Brothers and others, 19 DLR (SC) 530 in the bill of lading it was provided, "In all cases and under all circumstances the Company's liability stall absolutely cease when the goods are free of the vessel's tackle and hereupon the goods stall be at the risk for all purposes and in ev......hatachartya for Mafizullah, Advocates -For the Appellants. Mozammel Hossain with Kamalul Alam, A.K.M. Anwaruzzaman Chowdhury with Faridul Alam Chowdhury, Advocates –For the Respondent. Appeal from Original Decree No.210 of 1976. Judgment Fazle Hossain Mohammad Habibur Rahman J.- This......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93...Category: Business or Commercial Law | Date: | Hits: 463
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......we find contradictions between his statement under section 164 CrPC and the statement made before the court. In that view of his statements we hold that the evidence of accomplice P.W.11 Sukur is not free from doubt. Accomplice's evidence requires corroboration by other independent witnesses connect......al Powers Act, 1974 and sentenced to suffer transportation for life by the Additional Sessions Judge, Kishoreganj. Mofizuddin @ Mukkya was tried in absentia and was directed to serve similar sentence from the date of his arrest or surrender. 2. The Prosecution case as stated by P.W.1 Md. Shahid M......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......l as land reformed in situ, by providing that such accreted land or reformed land not be considered as the land of riparian or the original owner, as the case may be, but shall vest in the government free from all encumbrances, unless such accretion or reformation was finally recognised or declared ......p; others, BLD 1990. Lawyers Involved: Khondker Mahbubuddin Ahmed with SM Munir, Advocates-For the Appellants. Moazzen Hossain, Deputy Attorney General ‑ For the Respondent No.1. Appeal from Original Decree No.76 of 1963. Judgment Badrul Islam Cliowdhury J.- This appeal a the ins......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......is nothing to suggest that the place was not open to the public. The High Court Division observed that the recovery of the arms was from a place which was open place and there is every possibility of free access to local people and therefore the appellant did not have exclusive possession and contro......07.2009 passed by the Division Bench of the High Court Division in Criminal Appeal No.2013 of 2004 allowing the appeal, acquitting the convict-appellant-respondent Md. Kamal Uddin alias Pichchi Kamal from the charge leveled against him and setting aside the judgment and order of conviction dated 20.......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......as not countered by Mr. Khondaker. His contention is that public functionaries in discharging public duty must not be seen to be acting unreasonably, unfairly, arbitrarily and their action must be free from any taint of city and or intransparency.
19. In the instant case we are constrained ......ng Department of BUET (Member) and Mr. Latifur Rahman Talukder, Deputy Secretary (Enquiry and Transport) Roads and Railways Division (Member) directing the committee to submit report within 15 days from 18‑1‑1999 vide Annexure E. No report came forth.
6. On 27‑4‑2000 exactly after one......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
..
Category: Others | Date: | Hits: 207
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......roposition that the order accenting Commissioner's report is not appealable. He has however submitted that the petitioners had remedy to move an application under section 115 C.P.C. and they were free to move this Court under section 115 C.P.C. 9. Whether the petitioners had or had no knowled......en cited before me on behalf of opposite party No.1 in support of the proposition that where a party was free to move an application under section 115 C.P.C, he should be deemed to have prevented him from seeking justice under section 151 C.P.C. when the remedy under section 115 C.P.C. is barred by ......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...Category: Procedural Law | Date: | Hits: 106
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......n judgment. 2. Nawab Yusuf Road, French Road, English Road and Dolaikhal area were recorded in the C.S. Khatian in the name of the then Dhaka Municipality on behalf of the Emperor of India as rent-free land (Nishkar) under Khatian No.16884. At that time the whole area was a vast tract of marshy l......number of plots of the size of 20' x 10' and those were allotted to different persons as temporary evitable allottees. Some of them, however, claim to have obtained leasehold right on the land itself from the Municipality. In 1971 during the War of Liberation the whole area containing shops stood ......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ay at best be a manslaughter. In, the present case we have already noticed that accused Khalilur Rahman has merely struck on deceased Sikim Ali with sulfi only once. Accused Khalilur Rahman was quite free to inflict as many blows as he liked by his sulfi. There is none to prevent him from doing so b......pathway (passage) through the house of Sikim Ali for which 4 criminal cases were pending before the Court. 4. During trial prosecution built up a case that accused Rahman called deceased Sikim Ali from the paddy Khola of Bahadur where he was drying his under the sun and thereafter in his (Sikim A......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......ls by the same judgment as follows: 4. The plaintiffs case is that, he filed the aforesaid Money Suit on the facts, inter alia, in short, that, the plaintiff is a private limited company and has a freezing plant in Chalna and engaged in the business of processing, storing, freezing and exporting ......plant in Chalna and engaged in the business of processing, storing, freezing and exporting shrimps and prawns to the foreign countries. The freezing plant of the plaintiff runs by public power supply from Power Development Board (PDB). The plaintiff runs the business taking loan from Janata Bank and......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 525
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......alish as stated in the confessional statement. The prosecution took no step to prove that the confessional statement was true. The manner in which the murder was alleged to have been committed is not free from doubt although there is no dispute that the two victims were strangulated to death and t......h passed by him on the condemned prisoner Manik Bala under section 302 of the Penal Code in Sessions Case No.4 of 1987 by his judgment dated 23.4.87. The condemned prisoner has also filed an appeal from the jail against the order of conviction and sentence passed against him by the learned Sessi......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......use to grant this relief in a proper case. The Court below should have considered the hardship of the defendant from his illness that occurred soon after the contract and its effect on his speech and free movement of his body and, in that view of the matter, the trial Court committed an error of law...... 31st December, 1979, but the defendant having suffered a stroke on 2-11-79 was taken to Mitford Hospital for treatment and was subsequently shifted to PG Hospital, Dhaka, where he received treatment from 30-11-79 to 11-12-1979 and was under treatment of Professor Rashiduddin Ahmed, Neuro Surgeon. T......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......haukat Ali Khan in details and we take note of his submission that on 11.12.88 the petitioner himself participated in the re-poll appointing polling agents and by hotly contesting the election in a free and congenial atmosphere. His further submission is that votes were counted and results were de...... be declared to have been passed without lawful authority and to be of no legal effect. 6. During the pendency of the aforesaid Rule Nisi the Election Commission, in absence of any order of stay from this Court, went ahead with the aforesaid proceeding and by an order dated 18.8.88 allowed th......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...Category: Election Law | Date: | Hits: 216
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......also denied to have perpetrated any fraud or undue influence upon the said Abdur Rahman Sikder in order to obtain the Hebanama. She states in her written statement that Abdur Rahman Sikder out of his free will voluntarily bequeathed the heba property by valid offer and acceptance followed by valid......e plaintiff and defendant Nos.1-16 were all living with Abdur Rahman Sikder in his homestead at Fakirbari, Barisal town. Abdur Rahman Sikder died on 18.12.67 and before his death he was suffering from acute ailments. He was bed-redden and was under expectation of imminent death. Taking advanta......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
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