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Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)

....of paper book is dis­pensed with as prayed for. The order of status quo granted ear­lier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......peal in respect of the judgment and order dated 03.07.2008, passed by the High Court Division in Civil Revision No.1182 of 1998, discharging the Rule and dismiss­ing the suit. 2. The facts of the case, in brief, are that the petitioners instituted a suit being Title Suit No.90. of 1978, before t..

Category: Property Law | Date: | Hits: 51

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ...... 2.1.91 and defendant No.11 having been placed in possession of those stalls and Buffet car, Restaurant Car and Refreshment Room and he was running those as such, the plaintiff has got no prima facie case in the suit to be entitled to an order restraining the defendants Railway not to interfere With..

Category: Civil Law | Date: | Hits: 72

Kabir and others Vs. State, 1991, 20 CLC (HCD)

.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......ch of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a further period of 6 months each. 2. The prosecution case, in short, was that dacoity was committed in the night following 10.8.88 in the house of the br..

Category: Criminal Law | Date: | Hits: 76

Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)

....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......pellate Court has the powers of the trial Court and it is also subject to the all the duties imposed on the trial Court. Incidentally on this point we may refer to an unreported decision given in the case of Civil Revision No.9632 of 1991 Chittagong Cox's Bazar Bilashi Malik Somily and others Vs. Ha..

Category: Civil Law | Date: | Hits: 87

Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)

....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ....... Another accused Shah Alam was also charged along with him with the same offence but on trial he was acquitted by the learned Special Tribunal Judge by the same judg­ment and order. The prosecution case as stated, inter alia, by the informant P.W.4 Syed Abdur Rashid is that on 2.6.82 at about 8 P...

Category: Criminal Law | Date: | Hits: 74

Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)

....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ...... in respect of some landed properties situated in Barisal town. The defendant did not appear and the suit was decreed ex parte on 4.3.72. On 24.3.72 de­fendant Hara Mohan Das filed the Miscellaneous case No.23 of 1972 under Order 9, rule 13 of the Code of Civil Procedure for setting aside the ex-pa..

Category: Procedural Law | Date: | Hits: 65

Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......ect the learned Judge ought to have rejected the withdrawal petition as a whole instead of closing the petitioner's right to fight out the matter. In support of his contention Mr. Malek has cited the case of Nakimuddin Sana Vs. Sonaulla Biswas re­ported at page 89 in the revised edition of 5 DLR an..

Category: Election Law | Date: | Hits: 206

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ...... to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority. 2. The facts of the case are that petitioner Dr. Md. Habibullah is a citizen of Bangladesh and the lo­cal representativ..

Category: Criminal Law | Date: | Hits: 108

Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)

....nce, we direct that the detenu, the said Yunus Ali Mintu 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) 156. ......Jail should not be brought before this Court so that it may sat­isfy itself that the detenu is not being held in custo­dy without lawful authority or in an unlawful man­ner. 2. The petitioner's case, in short, is that he is a cousin of the detenu Yunus Ali Mintu and is a citi­zen of Banglades..

Category: Criminal Law | Date: | Hits: 60

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......es of this Court had admitted appeals preferred under section 420 which were also communicated without being accom­panied by copies of the judgment and order appealed against. We had noticed in some cases that the prisoners who were convicted under the Arms Act, 1978, simultaneously moved petitions..

Category: Criminal Law | Date: | Hits: 73

Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)

....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......hat absence of corroboration by independent witnesses of the evidence of PW 1 and PW 2 who were the recovery officer and sepoy respectively of the Narcotics and Liquor Department made the prosecution case unworthy of belief. At least, it created a doubt in the prosecution case. According to him, the..

Category: Criminal Law | Date: | Hits: 87

Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)

....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......cation under section 96 of the State Acquisition and Tenancy Act, 1950 against the respondents for pre-emption of the transfers dated 01‑09‑96 and 03‑09‑96 vide deed Nos. 8882 and 8984 of the case land fully described in the schedules to the plaint. 3. Case of the preemptors, in short, wa..

Category: Property Law | Date: | Hits: 71

Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)

....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281....... issued on an application under section 526 of the Code of Criminal Procedure at the instance of accused petitioner Abdul Halim Ukil calling upon State­ opposite party to show cause as to why the GR case 1079 of 2003 arising out of Nalitabari PS case dated 10‑11‑2003 under section 4(1) Ain Srin..

Category: Criminal Law | Date: | Hits: 71

Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)

....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......No. 1 as plaintiff, filed the suit for declaration that the sale deed mentioned in schedule 2 to the plaint in respect of the suit property was without consideration and was not acted upon. 3. The case of the plaintiff in brief, is that he went to the house of his friend Suja Miah on 12‑05­87 ..

Category: Property Law | Date: | Hits: 80

Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)

....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ...... Judge, Begumgonj, Noakhali in Title Suit No. 119 of 1996 should not be set aside. The petitioner as plaintiff instituted a suit challenging the dismissal from his service. 2. The plaintiff’s case, in short, is that the plaintiff is the night guard of Mir Kashem Bahumukhi High School of Mirw..

Category: Employment/Service Law | Date: | Hits: 96

MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......ined outstanding. He therefore prayed for a mandatory injunction for payment of 80% of said amount. 4. Defendant Nos. 1 to 6 opposed the applications by filing two written statements. Their common case is that they already paid the plaintiff entire money of the work done by him and there was no b..

Category: Civil Law | Date: | Hits: 73

Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......vour of defendant Nos. 1 and 2 was illegal, fraudulent, void, collusive and inoperative and the said deed created no right, title and interest of the said defendant in the suit land. 3. The plaint case, inter alia, was that the suit land measuring an area of 1.59 acres originally belonged to Chan..

Category: Property Law | Date: | Hits: 65

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......jurisdiction and not binding upon him and that the plaintiff was still in service. The suit was then renumbered as Title Suit No. 110 of 1986 in the aforesaid Court of Munsif at Sylhet. 4. Plaint case, in short, is that on 19‑12‑77 the plaintiff joined the office of defendant, Uttara Bank, a..

Category: Employment/Service Law | Date: | Hits: 174

Bangladesh Electrical Indus­tries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749.......management of a company, even if when there are some irregularity or informalities, which could be rectified or remedied by the majority of the shareholders. In this connection he has referred to the case of SK Ghandy Vs. LP Pugh reported in AIR 1924 (Cal) 598, the case of VN Bhajekar Vs. KH Shinkar..

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......of areas" Mohammadpur, Block 'F' Dhaka" shall not be declared to have been made without lawful authority and as to why the judgment and order dated 23rd May7 1989 passed by the Court of Settlement in case No.668/88 (Annexure E annexed to the petition) shall also not be declared to have been passed w..

Category: Property Law | Date: | Hits: 81