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Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
.... Police Station Mollahat District Bagerhat, at that time accused Younus Ali and his companions Enayet Sarder and Hasan Sarder came in the house of Akbor Hossain and tried to kidnap the informant upon holding out threat of killing her husband, who is serving in the office of Deputy Inspector General ......ing security bond with her younger sister’s husband Sekander Ali and thereafter she informed her husband and upon consultation with her husband she lodged the First Information Report on 21-11-1996 over the incident of 10-11-1996. 3. On receipt of the FIR Mollahat PS Case No.8 dated 21-11-199..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....t did not reduce the amount of maintenance of plaintiff No 1. The learned District Judge deleted Taka 2,000.00 claimed to have been spent by plaintiff No I at the time of the birth of plaintiff No.2, holding that the Family Court Ordinance did not provide for realisation of any such amount. The tota......i and others AIR 1918 Mad 998 and Fazal Din and others vs Milkha Singh AIR 1933 Lab 193; Firm Sriniwas vs Mahabir Prasad, AIR 1951 (SC) 177; Om Prakash vs. Ram Kumar, AIR 1991 (SC) 409; Secretary to Govertment vs Abdul Kafil,PLD 1978 (SC) 242; Safura Khatoon vs Osman Gani and others, 9 DLR 455; Mari..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
....e-A) on 31-10-93. The respondent No.3 showed the petitioner an anonymous letter alleging, inter alia, that the petitioner had smuggled moneys out of the country. The said letter mentioned the sale of holding No.77. Motijheel Commercial Area Dhaka (where the petitioner’s chamber is situated) an......ned that he appeared as an Advocate on behalf of the plaintiff-appellant in FA No.106 of 1987 reported in 42 DLR 43 where the Division Bench of the High Court Division allowed the appeal against the Government and others. The petitioner was subsequently not engaged for the execution case. The petiti..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
.... that the election result of the Managing Committee declared on 9-11-1995 showing respondent Nos. 3 and 4 to have been elected from the founder and donors category was not cancelled and, as such, the holding of a fresh poll for that category on 18-12-95 declaring Mr. Altafuddin Khan and Mr. Shamsul ......ntermediate and Secondary Education, Jessore and others…………Respondents
Judgment
August 19, 1998.
Cases Referred To-
Faizur Rahman (Md) and others Vs. Government of Bangladesh represented by the Secretary Ministry of Education and others 2 BLC 619 (10,..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....itioners’ aforesaid application under section 151 of the Code of Civil Procedure for amendment of schedule of the plaint and a corresponding amendment in the application for execution of the decree holding that such an application is not maintainable in law. It is against this order the petitioner......e case are that, the petitioners as complainants instituted a suit in the court of the Senior Assistant Judge, Jamalpur being Other Class Suit No. 184 of 1987, praying for declaration of title and recovery of khas possession in the suit property and eventually obtained an ex parte decree therein on ..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....d due to diarrhoea has no basis and from medical evidence we find that her death was due to asphyxia caused by strangulation which was ante mortem and homicidal in nature. So we have no hesitation in holding that death of the victim was not due to any illness but was due to injury sustained by her. ...... some time and for that reason she was divorced. 10. P.W.6 Md. Bujrat Ali stated that he went to place of occurrence house on getting information and saw many people there and the dead body was covered by a cloth. He heard from the persons assembled there that Afazuddin had confessed that he ha..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....of 1991 of the (new) Court of Subordinate Judge, Narayanganj and the moot question for consideration is whether the trail court and the High Court Division in appeal, FA No. 63 of 1992, were right in holding that the defendant had accepted the offer of the plaintiff respondents to purchase the dispu...... took lease of the said premises on 14-6-1971 and set up a Salt Refining and Crushing Factory at a cost of several lacs. After liberation of Bangladesh, management of the said three holding was taken over by the Ministry of Industry and Commerce. Subsequently, the Ministry of Industry and Commerce s..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....was transmitted to the Senior Special Judge and it was lying with the Chief Metropolitan Magistrate. 15. In that view of the matter, we are of the opinion that the CID committed no error of law in holding further investigation as per provisions of section 173(3B) of the CrPC. Had further investig......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....that the Additional Deputy Commissioner, Chittagong heard the petitioner in pursuance of his objection under section 4 of the Ordinance and forwarded the papers to the Deputy Commissioner. Chittagong holding that the objection of the petitioner was reasonable. Thereafter the Deputy Commissioner did ......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....eferred Civil Revision No. 3934 of 1994 challenging the legality of the order dated 27-11-94. The learned Judges of the High Court Division by the impugned judgment and order made the Rule absolute holding, inter alia, that the Courts in Bangladesh have no jurisdiction over the arbitration in vie......assed by a Division Bench of the High Court Division making the Rule absolute in Civil Revision No. 3934 of 1994 concerning whether the Court in England or the Court in Bangladesh has jurisdiction over an arbitration in terms of an Agreement between the appellant and the respondent, fanned its w..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
....he occurrence and they caught red-handed the accused-petitioner. A Salish was held with no result. The said petition, however, was sent to the local police station for investigation and report. After holding investigation the police submitted report stating that no prima facie case has been made out......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
....said Abdul Hamid transferred the said property to the present petitioner by a kabala dated 15-3-1967 and that since purchase while owning and possessing land he was evicted by the miscreants from the holding in question on 27-4-1972. That having been evicted the petitioner made representation to the......this Court may seem fit and proper.
2. Facts, in short, as stated in the petition are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by the then Government of East Pakistan by registered deed dated 28-1-1963; that said Abdul Hamid transferred the..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
....with it. Learned Advocates of both the parties stated that the said design is "bride's arrival", one of the twenty designs under dispute. So we find that the Board acted illegally in so holding merely on surmise and conjecture and, as such, decision of the Board in respect of the desig......ice or apprenticeship, to which clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;
(d) In the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owne..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
....d Advocate appearing for the petitioner after placing the impugned order and other materials on record submitted that respondent No.2 acted No.2 in Misc. Case No.1 of 1989 (Annexure‑G) illegally in holding that the fishery of the petitioner vested in the Government though compensation assessment r...... death and his co‑sharers have been in possession of the said fishery in leasehold right. In case No.92 of 1958 on 1-4‑1958 the said fishery was leased out to Abdur Rahman and Darbesh Ali by the Government. Thereafter petitioner and his co‑sharers as plaintiffs filed Title Suit No.180 of 1958 ..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
.... of the Dhaka Municipal Corporation with his office as those were contiguous to his office and excess to the jurisdiction of Syed Shariatullah. Marriage Registrar and Kazi of Maghbazar, Dhaka who was holding an area covering 19 Wards though he was entitled to 7 (seven) wards only at the relevant tim......sdiction) Present: Mozammel Hoque J Abdul Matin J Latifur Rahman (Md.)……………………………………………..Petitioner Vs. Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh and another………………..Respondents Judgm..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ...... ..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
.... it is not necessary that parties should file objection to the alleged award, within the time prescribed under Article 158 of the Limitation Act and the learned Subordinate Judge erred in law in holding that the objection filed by the opposite party appellant long after 20 days is hope......71 of 1991 making the award dated 21.2.1991 given by the sole arbitrator Mr. Justice Sultan Hossain Khan, rule of the Court.
2. The relevant facts, in short, may be stated as follows:-
The Government of the People's Republic of Bangladesh decided to construct some flyovers in the ..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
....aside the order of the learned Subordinate Judge and directed that the suit be tried in accordance with law. 5. Leave was granted to consider whether the High Court Division erred in not holding that the suit was barred under Order 23 rule 1(3) of the Code of Civil Procedure in that th...... of the plaintiffs' earlier suit for non‑prosecution amounted to a withdrawal of the suit and thus they were precluded from instituting the instant suit in respect of the same cause of action and over the same subject matter without the leave of the court. 6. Sub‑rule (3) of rule 1 ..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....nd the defendant’s kabala being of a later date is hit by the doctrine of lis pendens under section 52 of the Transfer of Property Act and the learned Assistant Judge committed error of law in not holding that the plaintiff had prima facie title in view of the evidence on recorded and admission o......tenancy was filed two months before the alleged title of the defendants in respect to the suit land and, as such, the plaintiffs were not obliged to file a suit for declaration of their title and recovery of possession and it is enough for them to file a mere suit for establishment of tenancy righ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....on 295A of the Penal Code, but it was a case under section 153A of the Penal Code. Against the judgment, an appeal was preferred before the Federal Court which reversed the judgment of the High Court holding that the High Court was not empowered under section 99D of the Code Criminal Procedure to al......ional Jurisdiction) Present: Md. Mozammel Hoque J Md. Sirajul Islarn J Md. Tafazzul Islam J Sadaruddin Ahmed Chisty………………..............................Petitioner Vs. Government of Bangladesh and others.........................Respondent (In Criminal Miscellaneous Cas..Category: Others | Date: 16 Aug, 1994 | Hits: 134
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