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Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......eque Ali, accused-petitioner No.3 who grew the disputed paddy therein but the informant's party men attacked the accused-persons and as such they are the aggressors and that there was a 'maramari' or free fight between the parties causing injuries to both the parties and hence the alleged offence fa......er No.3 Asheque Ali gave order and then accused-petitioner Shahidullah, son of Joynal Abedin struck on the left hand of the victim. Amjad and accused-petitioner No.3 Asheque @ Md. Asheque Ali apart from his order, gave a ballam blow at the thigh and the abdomen of the said victim, and some other......he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...Category: Criminal Law | Date: | Hits: 74
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......s there existed no Declaration for the Daily Ittehad. The Board drew a distinction between a weekly and a daily newspaper for the purpose of Declaration that and observed that the respondent No.2 was free to pursue her claim for the Weekly Ittehad (There existed two Ittehads, a daily one and a weekl...... and/or pass such other or further order or orders as to this Court may seem fit and proper”. 2. Averments figured in the petition are summarized below: After obtaining definite information from one Mr. Oli Ahad that he had divested all his right in the Weekly Ittehad in favour of one Mr. ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......e the confession voluntarily. He also proved those statements marked Exts.3 and 4 with his signatures therein (Ext.3/1 and 4/1) respectively. According to him, statements were voluntary, true and free. In cross he has stated that at 10 AM on 23.4.86 police produced the two accused before him. ......together and they are now being disposed of by this Judgment. 2. The prosecution case as made out in the FIR is, that the informant came to learn at about 11-00 PM on the night following 17.4.1986 from an unknown passerby that to the north of 19th mile post of the C & B Road situated to the s......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ....... On 8.6.94 a GD entry was made with the local Police Station telling about kidnapping of his son. On 9.6.94 repeated phone calls were made to the informant, demanding Taka 5 (five) lac as ransom, to free the victim and if the money was not paid the accused threatened that the victim would be killed......olded for the prosecution is, that on7.6.1994 at about 6-30 PM the accused petitioner along with others kidnapped the victim Gopal Chandra Sutradhar, son of the informant sreekishna Chandra Sutradhar from the path when victim was going to local Nimatali Market and took him away to an unknown place. ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......n question is situates within the jurisdiction of the Court. The will was legally and duly executed by the testator on 30th Falgun 1332 BS and the same was registered on 18.9.95. This is the last and free will of the testator. The plaintiff lives in the house of the testator and completed all religi......tional District Judge, 1st Court, Pabna, granting letters of administration of a Will executed by one Jogendra Bhusan Talukdar in favour of the plaintiff and three others since dead. 2. It appears from record that on 18.8.76 the plaintiff‑respondent No.1 Budhi Bala Dasi filed a petition for gra...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..Category: Property Law | Date: | Hits: 183
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......or directing repoll may be challenged on conclusion of election by an election petition before the appropriate Tribunal”. The Election Commission’s statutory power to conduct and hold fair and free election was discussed and considered. In the said decision it was held at page 24 that there c......ction Commission referred the matter to the Deputy Commissioner for inquiry and report and Deputy Commissioner asked Upazila Nirbahi Officer for enquiry and report who in his turn called for a report from the Presiding Officer and that before receipt of the report the Deputy Commissioner made recomm......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......nd have taken up all the issues together for consideration. 17. In this case, although lengthy depositions were recorded and witnesses were cross-examined without any relevance to the context in a free for all manner but the main issue is rather simple. The issue is, who is to pay for the bunkers......under an obligation to supply intermediate fuel oil and marine diesel oil and the bunkers in question were ordered by the charterer at Port Said and the port at Hong Kong during the period of charter from 23rd July to 13th September 1996, as such, they are liable for payment for the supply of bunker......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462....... not commit any illegality or infringed any of the fundamental rights of the petitioner. 8. Mr. Hassan Ariff appearing for respondent 1, RAJUK, submits that as the Rule is discharged his client is free to take any decision for future plan. It is not for this Division acting under Article 102 of t......ndent No.1, RAJUK should not be directed to cancel the plan approved, if any, for construction of building over 13 acres excess unused acquired land and why respondent No.1 be not directed to refrain from approving any plan for construction of house over the said land. 2. The land measuring 84.09......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462...Category: Property Law | Date: | Hits: 248
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......tested by filing written statement. Their case is that out of love and affection, the donor who is their paternal grand mother gifted the suit property by way heba-bil-ewaz voluntarily and out of her free will and the consideration have been duly passed and paid by the donees to the donor, possessio...... the Holy Quran, by the plaintiff, in favour of defendants 1-4 sons of plaintiffs’ son Masimuddin. 3. It is admitted that the plaintiff used to own and possess the entire suit land getting it from her husband Rahimuddin plaintiff also inherited some property from her father. But she had exha......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......dant No.1 contested the suit by filing a written statement contending, inter alia, that the alleged agreement was obtained by fraud and the property was already mortgaged with Pubali Bank and was not free from encumbrance. The allegations made in the plaint were false and the suit was liable to be d......No.1 contested the suit by filing a written statement contending, inter alia, that the alleged agreement was obtained by fraud and the property was already mortgaged with Pubali Bank and was not free from encumbrance. The allegations made in the plaint were false and the suit was liable to be dismis......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......dgment and order on 7.2.86 convicting and sentencing the accused as aforesaid. Thereafter accused appellant surrendered before the Special Tribunal Pabna on 7.4.87 prayed for a copy of the judgment free of cost and also prayed for bail. The Special Tribunal rejected the prayer for bail, took him......bna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sentence passed shall run from the date of his apprehension. The amount of fine shall be realised by attachment or sale of m......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......ence of the said pathway. Ext 1(a) a kabala dated 21.6.1932 relating to the said plot of land also delineates "It may be mentioned that within the boundary demarcated the common pathway is for free access for both the parties and the same is in ejmali." 14. From the foregoing facts there i...... has averred in his plaint at paragraph 2: "The homestead of the plaintiff situates on the southern part of the 1st Schedule land wherein the plaintiff with his family members have been residing from the time of his forefathers over twenty years, so to say, from time immemorial. The plaintiff......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......arliament, each member of the Parliament having one vote, is ultra vires of the Constitution because it is violative of the Constitution of the People's Republic of Bangladesh being derogatory to the freedom of thought and conscience as expressed and guaranteed under Article 39 of the Constitution (......st Article 7 of the Constitution which provides that all powers belonged to the people but this system of voting directly prevents the people's representative by threat and intimidation of punishment from exercising their part freely and without hindrance as envisaged under Article 7 of the Constitu......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....uary 1992, represented by its Chief Executive Syeda Rizwana Hasan duly authorized by the Executive Committee of BELA to represent BELA in all proceedings, cases and so on. 3. It is stated that the environment and ecology of the country are being continuously endangered and threatened by various a......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......show cause as to why they should not be directed to protect the river Jadukanta (in the mouzas of Puranlaur, Chaliarghat, Lamashram, Purbodoil and Ghagra, Police Station-Tahirpur, District-Sunamganj) from illegal extraction of sands from its bed and banks and also to protect the banks of the said ri......of the River and environment and ecology of the area. 30. Section 2 of the Bangladesh Paribesh Sangraksman Ain, 1995 (hereafter referred to as the Ain) has defined the terms of ‘দূষণ’ (pollution)' ‘পরিবেশ’ (environment) and ‘পরিবেশ সংরক্ষণ..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......lute. Let the petitioner Majeda Khatun @ Majeda Rahman @ Maya be enlarged on bail to the satisfaction of the Deputy Commissioner, Khulna. It may however be made clear that the concerned Court will be free to cancel the bail of the petitioner in case of any violation of the privilege of bail grante......son cried out :- “মাগো আমাকে আজিজ ও কোহিনুর শেষ করিয়াছে” । 3. On hearing her cries her minor grandson and granddaughters got up from sleep and came out and also the neighbours rushed to the place of occurrence. Then the inform......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......Addl. S.P. ordered for further investigation because there is no document in support of such order. Inspector Serajul Islam, as it appears has allowed the most veteran criminal Tasir Ahmed scot free. The statements recorded by S.I. Abdul Khaleque leave no room for doubt as to the involvement o......Nona Miah proceeded towards his house. Appellant Nasir Ahmed passed the night at the house of his maternal grand-father-Golam Mostafa. On the following morning the dead body of Nona Mia was recovered from a Khal 1/4th mile off from Nona Mia's house with the help of a fishing net. 3. On that very ......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...Category: Criminal Law | Date: | Hits: 117
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
.... the inhabitants of the area and the corporation is under legal obligation to evict such unauthorised occupants from the park and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation. In the above facts and circumstances of the case......ants of the area and the corporation is under legal obligation to evict such unauthorised occupants from the park and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation. In the above facts and circumstances of the case we find no ......oner is an employee of the respondent No.1, Dhaka Municipal Corporation and he was allotted accommodation in the Gulshan Taltala Sweeper Colony by respondent No.1 and as such attempt for his eviction from the said accommodation on 20‑4‑89 without prior notice and by force is not only illegal but......e area and the corporation is under legal obligation to evict such unauthorised occupants from the park and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation. In the above facts and circumstances of the case we find no merit in t..Category: Constitutional Law | Date: | Hits: 369
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
.... Vs. State of Rajasthan (1997) 6 SCC 241 at para 3: 3……………………..The fundamental right to carry on any occupation, trade or profession depends on the availability of a "safe" working environment. Right to life means life with dignity through suitable legislation, and the creation of...... independent status of women, was also carried to the shores of Europe within a remarkably short period of time. 27. As such, it can be said without any hesitation that the man and woman were born free and equal from the first hours of the creation of Earth although due to hostile situations, ove......hout lawful authority and is of no legal effect. 3. The Facts: It is stated in the petition that election of the Corporation was held on 25‑3‑2002, electing one Mayor, thirty one Commissioners from the general seats and ten Commissioners from the reserved female seats (Annexure A). In due cou......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..Category: Constitutional Law | Date: | Hits: 443
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......gladesh and was given the Bangladeshi citizenship in 1978 and passport as its citizen. 65. In Private International Law, a citizen has his domicile of origin which is not a matter of choice or of free will. He acquires the same at his birth by operation of law but the citizen may subsequently de......eal No.45 of 1993 by leave arose out of Civil Petition for Leave to Appeal No.122 of 1993, which is directed against the judgment and decree dated 1.9.1992 passed by the High Court Division in Appeal from Original Decree No.138 of 1990 affirming those dated 31.5.1990 passed by the Subordinate Judge,......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ...... rule that there is no contractual relationship between the Barrister and client and is justifiable for a number of reasons on grounds of public policy because there is a general public interest in a free and independent Bar and a Barrister owes a duty to the Court for the true administration of jus......ther or further order or orders passed as to this Court may seem and proper.” 2. The short facts relevant for the purpose of disposal of the Rule are that, the petitioner company took loan from Bangladesh Shilpa Rin Sangstha (hereinafter called "the BSRS") for establishment of i...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
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