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Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)

....t the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279....... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279....... rightly rejected the defence case that the plaintiff No.2 relinquished her right to get the land by way of reconveyance. So the Court of appeal below was wholly wrong to reverse that finding without ordering for examining the signatures by handwriting expert and by himself comparing the signatures ...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...

Category: Property Law | Date: | Hits: 57

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....h and the rest 24 accused appellants have been sentenced to rigorous imprisonment for life and also to pay a fine Tk. 5,000.00 each, in default to suffer rigorous imprisonment for six months more. In addition, accused Malek was found guilty under section 326 of the Penal Code and sentenced to five y......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......me they found that about 40/50 persons including all these accused appellants being armed with guns, daos, halanga, lathies, etc. forming an unlawful assembly encircled the informants' bichra. On the order of Matbar Ali, Giasuddin and Almas fired by their guns at Chandu who fell on the ground. Awal ......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...

Category: Criminal Law | Date: | Hits: 111

Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....ly. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......on the Deputy Commissioner, Munshiganj to show cause as to why the proceeding in GR Case No.180/83 of the Court of the Magistrate, 1st Class, Munshiganj should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. At the time of issuance of the Rule......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...

Category: Criminal Law | Date: | Hits: 88

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

....tion is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......rd-For the Appellant. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Md. Sajadul Huq, Advocate-on-Record- For Respondent No. 2. Civil Appeal No. 03 of 2004. (From the judgment and order dated the 20th day of April, 2003 passed by the High Court Division in Criminal Appeal No.125 ......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...

Category: Family Law | Date: | Hits: 185

Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

..... Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302.......rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302.......or the Appellants. Khorshed Alam Khan, Advocate instruct­ed by Chowdhury Md. Zahangir, Advocate- on-Record-For the Respondents (as added) Civil Appeal No.579 of 2001. (From the judgment and order dated the 8th day of November, 1998 passed by the High Court Division in Civil Revision No.169......rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302...

Category: Property Law | Date: | Hits: 65

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ...... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......ocate-on-Record-For the Appellants. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-10. Civil Appeal No. 43 of 2002. (From the judgment and order dated the 12th day of August, 1999 passed by the High Court Division in Civil Revision No.1407...... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ..

Category: Property Law | Date: | Hits: 65

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

.... Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......pellant. Zahirul Huq, Advocate instructed by Saidur Rahman, Advocate-on-Record-For the Respondent. Not represented- Respondent No. 2. Civil Appeal No. 304 of 2002. (From the judgment and order dated the 23rd day of August, 2001 passed by the High Court Division in First Appeal No.115 of......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ..

Category: Property Law | Date: | Hits: 112

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....al is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ......l Hussain, QC Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1. Civil Appeal No.115 of 2008. (From the judgment and order dated the 21st day of August, 2007 passed by the High Court Division in Writ Petition No.7108 ......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ..

Category: Civil Law | Date: | Hits: 78

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....hambhu Nath (petitioner No. 1) and (4) Chandra Rani Saha, (petitioner No.2) for offences under sections 467/468/471/419/34 of the Penal Code. 4. During the investigation, co‑accused Shamsul Huq made a judicial confession before a Magistrate and the Hand‑Writing Expert opined that the impugned......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......n 5.5.83 against the accused‑petitioners for offences under sections 419/420/467/468/471/109 of the Penal Code. 5. On perusal of the charge‑sheet, the learned Chief Metropolitan Magistrate, by order dated 10.5.83 took cognizance of the offences against the accused­ petitioners and others and......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..

Category: Criminal Law | Date: | Hits: 83

Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)

....scharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......ent Cholera Gobeshanagar Karmachari Union submitted a charter of demand on 9.4.73 and the Government referred the matter to the Labour Court u/s 32 of the Industrial Relations Ordinance, 1969. By its order dated 8.11.73 the Labour Court dismissed the reference as the same was not maintainable vide A......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..

Category: Labour and Industrial Law | Date: | Hits: 123

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......geswar Babu and others brought Misc. Case No. 15 of 1955 for setting aside the auction purchase of the suit land by Satyen Babu. The plaintiffs con‑ tested that Misc. Case and it was dismissed vide order Ext. 6. After their return from Comilla, the plaintiffs came to learn that defendant No. 1 and...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...

Category: Property Law | Date: | Hits: 70

Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)

....d revisional jurisdiction of this Court and obtained the present Rule. 5. The learned Advocate appearing for the petitioner has assailed the judgment and order of the learned Subordinate Judge as bad in law, illegal and liable to be set aside. It is further urged that the learned Subordinate Judg...... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......M Amin Azaher, Advocate ‑ For the Opposite Parties. Civil Revision No. 11 of 1985. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and order dated 29.11.84 passed by the learned Subordinate Judge, Serajganj, in Miscellaneous Appeal No....... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644...

Category: Property Law | Date: | Hits: 68

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

....d the rest 24 accused‑appellants have been sentenced to rigorous imprisonment for life and also to pay a fine of Tk. 5,000.00 each in default to suffer rigorous imprisonment for six months more. In addition accused Malek was found guilty under section 326 of the Penal Code and sentenced to five ye...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......e they found that about 40/50 persons including all these accused‑appellants being armed with guns, daos, halanga, lathies etc. forming an unlawful assembly encircled the informant's bishra. On the order of Matbar Ali, Giasuddin and Almas fired by their guns at Chandu who fell on the ground. Awal ...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..

Category: Criminal Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......king further loan from Agrani Bank and Janata Bank and also with his own income, that he invested a total amount of Tk. 1,61,000.00 for the construction of the ground‑floor of the building, that in order to get house rent ceiling facility from his employer, the Bangladesh Shilpa Bank, the responde......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

.... the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......lant. Syed Moazzem Hossain, Advocate ‑ For the Respondent No. 3. Appeal from Original Decree No. 25 of 1987. Judgment Kazi Ebadul Hoque J. - This appeal is directed against judgment and order dated 21.7.87 passed by the 1st Commercial Court and Subordinate Judge, Chittagong in Other Su......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..

Category: Procedural Law | Date: | Hits: 67

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......111 and 112 of 1982. Judgment Kazi Ebadul Hoque J. - These two rules were issued on 18.1.82 at the instance of the plaintiff petitioner Bangla Jalpari Lines (Pvt.) Ltd. against the judgment and order dated 27.11.81 passed by Mr. MA Rashid Subordinate Judge, 3rd Court, Chittagong in Miscellaneo......nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....nalty of confiscation of the smuggled goods and penalty upto the limit of 10 times of the value of the property to be imposed by the Customs authority for the offence of smuggling into or out of Bangladesh of any goods and further provides that upon conviction by a Magistrate the offender shall furt......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......sing penalty and tried, convicted and sentenced to imprisonment or whipping only by a Magistrate, the entire trial of the accused appellant beginning from taking of cognizance upto the passing of the order of conviction and sentence was vitiated for complete lack of jurisdiction. 4. The learned A......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...

Category: Criminal Law | Date: | Hits: 52

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....mmarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......ite Party. Civil Order No.2614 of 1990. Judgment Anwarul Hoque Chowdhury J. - This is an application under section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 23.7.90 passed by the District Judge, Perojpor, in Title Appeal No. 67 of 1990 allowing ......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611...

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....tive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......Annexure U should not be declared as void and inconsistent with the provisions of the Constitution as having been passed without lawful authority and is of no legal effect and also prayed for an ad‑interim order staying the election of the President scheduled to be held on 8th October, 1991 pendin...... U should not be declared as void and inconsistent with the provisions of the Constitution as having been passed without lawful authority and is of no legal effect and also prayed for an ad‑interim order staying the election of the President scheduled to be held on 8th October, 1991 pending hearin......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ..

Category: Constitutional Law | Date: | Hits: 229

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

........................................Petitioner Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd..............Respondent. Judgment October 29, 1990. Case Referred to- Bangladesh Road Transport Corporation Vs. M/s Ashraf Jute Mills Ltd., BLD 1990 144. Lawyers Involved: ......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ...... @ Tk. 16% from the date of non‑payment of the debt and as such the respondent is liable to be wound up. 4. So it is prayed by the petitioners, that the above company be wound up and also for an order for payment of admitted liability of the respondent till realisation of the same from the resp......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ..

Category: Company Law | Date: | Hits: 190