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Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......s held to be valid by the civil Court only then the Family Court shall have jurisdiction to decide on the matter relating to dower, restitution of conjugal rights or maintenance. 6. The plaintiffs case, on the other hand, as it transpired from the judgment, appears to be that the plaintiff is a p..

Category: Family Law | Date: | Hits: 166

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......scellaneous Case No.24 of 1994 setting aside the ex-parte judgment and decree dated 14-11-94 passed in Title Suit No.108 of 1988. By this impugned order the learned Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts r..

Category: Procedural Law | Date: | Hits: 58

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......tion Case No.96/81‑82 is illegal, collusive and not binding upon the plaintiff petitioners and also for a direction to the defendants to hand over possession of the suit land to the plaintiffs. The case of the plaintiffs, as it appears by a reading of this application and the counter affidavit of ..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......o decide that all the evidence produced before him were produced before the Custom authorities. 12. The Court below held that- "Section 177A of the Sea Customs Act is not applicable in the present case and the onus of proof lies on the defendants to prove that the goods in question were smuggled ..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Mojibar Vs. State, 1998, 17 CLC (HCD)

....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......in each section and also to pay a fine of Taka 2,000.00 in default to suffer rigorous imprisonment for 1 (one) year more with direction to serve both the sentences concurrently. 2. The prosecution case, briefly stated, is that, the informant P.W.4 Shamim Ahmed Haydari was sleeping with other inma..

Category: Criminal Law | Date: | Hits: 78

Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)

....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......to their rescue accused left the place leaving aside a motor cycle. Police came to the nearby place hearing hue and cry and sent them to Banaripara Hospital for treatment. 4. Only question in this case is whether petitioners are entitled to be enlarged on anticipatory bail. 5. In support of th..

Category: Criminal Law | Date: | Hits: 84

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......18 of 1995, arising out of the judgment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit in the Court of the Assistant Judge, ..

Category: Procedural Law | Date: | Hits: 91

Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)

....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......ncing each of them to suffer Rigorous Imprisonment (RI) for 12 years and also to pay a fine of Taka 5,000.00 in default to suffer Rigorous Imprisonment (RI) for six months more. 2. The prosecution case is that police of Batiaghata PS on receipt of an information that some dacoits would assemble a..

Category: Criminal Law | Date: | Hits: 59

Ismail Vs. State, 1999, 18 CLC (HCD)

....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......rested and thereafter he filed this appeal from jail which was numbered Criminal Appeal No.1026 of 1992 and subsequently the same Jail Appeal has been converted into a regular appeal. The prosecution case is that, at about 9-30 AM on 12-10-88, Moslem Uddin, husband of the informant started for Gafar..

Category: Criminal Law | Date: | Hits: 74

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ion of the petitioners under section 151 of Code of Civil Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the purpose of the case are that, the predecessor-in-interest of opposite party Nos.1-8 as plaintiff instituted Title S..

Category: Civil Law | Date: | Hits: 66

Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)

....d 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: 51 DLR (HCD) (1999) 488....... of them to suffer rigorous imprisonment for seven years and to pay a fine of Taka 2,000.00 each, in default to suffer rigorous imprisonment for further period of three months more. 2. Prosecution case, in brief, is that on the night following 16-3-1988 informant Md. Abdul Malek Bhuiyan was sleep..

Category: Criminal Law | Date: | Hits: 70

Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)

....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......ha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a suit in the 3rd Court of the Subordinate..

Category: Procedural Law | Date: | Hits: 67

Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)

....ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485...

Category: Criminal Law | Date: | Hits: 69

Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)

....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......r review are not the grounds as contemplated in rule 1 Order 47, review application merits no consideration. 6. It is noticed from the record that this Court, in the facts and circumstances of the case, by order dated 19-3-1998 condoned the delay and directed the petitioner and the company to hol..

Category: Company Law | Date: | Hits: 186

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479....... as the Mutwalli, Thereafter he having died on 17-12-79 his son present petitioner was substituted as Mutwalli on 22-12-79. 5. Section 40 of the Bengal Waqf Act, 1934 is as follows: "40. In the case of any waqfs of which there is no Mutawalli or where there appears to the Board to be an impedi..

Category: Trust/Waqf Law | Date: | Hits: 142

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......y are obliged to act fairly and reasonably in rejecting such a tender that Government authorities cannot act arbitrarily or capriciously. In support of his contention he refers to the decision in the case of Associated Provincial Picture Houses Vs. Wednesbury Corporations 1948 1 KB‑223 CA. 12. ..

Category: Civil Law | Date: | Hits: 82

Almas Miah Vs. State, 2002, 31 CLC (HCD)

....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ...... 489B of the Penal Code and sentenced him to suffer rigorous imprisonment for ten years and also to pay a fine of Taka 1,000 in default to suffer further period of three months. 2. The prosecution case, in short, is that on or about 3‑2‑1997 at about 7‑30 PM the appellant purchased turmeric..

Category: Criminal Law | Date: | Hits: 87

Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)

....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......e District. He also submits that the detenu is the Joint Secretary of Bangladesh Awami League, Lalmonirhat District Unit and due to his involvement in politics his opponents has implicated him in the cases as referred to in the ground of detention falsely in which he has no manner of connection and ..

Category: Criminal Law | Date: | Hits: 69

Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)

....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......ars work with the Justices of the Supreme Court and their services being highly technical, high­ly skilled are entitled to VIP allowances in accordance with law which has already been settled in the case of Md. Hanifullah and others Vs. Secretary, Ministry of Finance, the Government of Bangladesh v..

Category: Employment/Service Law | Date: | Hits: 86

Bangladesh Chemical Industries Corporation (BCIC) and another Vs. Zia Fertilizer Company Limited Workers and Employees Union and others, 2011, 40 CLC (AD)

....all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ......of profit and loss accounts based on an artificial and false pricing is violation of section 185(2) of the Companies Act, 1994. In support of his submissions he has referred to the deci­sions in the cases of Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 46 DLR (AD) 1 and Abdul Hannan Sikder..

Category: Company Law | Date: | Hits: 366