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Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......n holding that the Courts below have correctly held that the kabala in question was a benami transaction and that the plaintiff Abul Meah was the real owner of the suit-lands. 15. In the case of Union of India Vs. Moksh Builders and Financiers Ltd. and others reported in AIR 1977 (S.C.) 409 it ......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....s are absent on the date fixed for the examination of witnesses, the Sessions Court has to see whether an adjournment is necessary or advisable. Section 344 Cr.P.C. enables the Sessions Court to postpone or adjourn the proceedings and it is worthwhile to quote Section 344 Cr.P.C. in this regard......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....The plaintiff Md. Mukhlesur Rahman filed Q.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (I) that the office Memo. dated 9.11.73 transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymen......fendant-appellant, has raised only one point. He submits that the plaintiff being neither a Government servant nor an employee of a Local Council as defined in the Basic Democracies Order, 1959 nor a member of a definite cadre recognised by any statute he stands in the position of servant in relatio......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......d with the Special Powers Act, 1974. 6. The case for the defence is that the accused persons have got enmity with Monoranjan who brought a case against them over Damdamar dighi. The chairman and members of the local Union Parishad in collusion with Monoranjan gave award against the accused pers...... Rashid alias Petan were not known. In the following morning the deceased Abdur Rashid's son Md. Hossain along with Sultan Ahmed informed the local Chairman and the members of the local Union Parishad who advised him to go to the Police Station. Md. Hossain accordingly went to the poli......d alias Petan were not known. In the following morning the deceased Abdur Rashid's son Md. Hossain along with Sultan Ahmed informed the local Chairman and the members of the local Union Parishad who advised him to go to the Police Station. Md. Hossain accordingly went to the police Sta..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eized the Knife Ext. I, Wollen Ganjee Ext. II, Shirt Ext. III and Ganjee Ext. IV under a seizure list He sent the dead body of Kabir Ahmed to the Chittagong Medical College where Dr. A.M. Rashid held post mortem examination on the said dead body on 17.11.77 and found the following injuries: &ld......and the house of the accused persons are contiguous to each other in the same village. He also stated that village Aochia is the neighbouring village of Kanchana village. He stated that he does not remember whether songs and music were being performed at the time of occurrence in Banshkhali. 8.......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......l possession and that he rather wanted to take .possession through the proceeding under section 145 Cr.P.C. He further observed that the report of the C.O. (Rev), on the other hand, revealed that the members of the Second party were in possession since before 20.8.82 and that if there was an apprehe......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....f the District Judge, received by the Subordinate Judge who registered it and directed notices to issue to the opposite party. Later on, the District Judge returned and various orders relating to the post ponement of the review application and analogous matters were passed by him. Before the applica......me Court Shall Have Such Jurisdiction as is or may be Conferred on it by Law - Martial Law Order No. 40 of 1982 is an existing law on injunction and no Court can ignore it. But it must also be remembered that in Clause 4(1) of the schedule added at the end of the proclamation of the 24th March,......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
.... and others assaulted them with Fala and lathis. There is no material discrepancy with regard to the actual assault on these two deceased persons by the accused person. P.W.8 Dr. Abdul Latif who held post mortem examination found one sever punctured wound on the dead body of Rahim Sheikh and accordi......ving the eye witnesses. In that view the argument of the learned advocate for the appellants fails. 9. Thus on a careful consideration of the materials on record we hold that the appellants were members of an unlawful assembly in prosecution of the common object of that assembly chased the dece......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......robate of the will in 1964 and hence the suit is time barred. From Ext. F the power of attorney, it appears that Charu Bala was continuing the seba-puja of the deity. There is evidence on record that members of the Hindu community make their offerings of the deity. In view of the continuance of puja...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......n question over which the apprehension arose as to breach of peace. The learned Magistrate further ordered that the first party will be in possession until or unless evicted in due course of law. The members of the second party were forbidden to disturb the possession of the first party in the proce...... Magistrate started M.R. Case No.144 of 1979 and drew up proceedings under section 145 of the Code of Criminal Procedure and appointed Officer-in-Charge, Amtali police station and the Chairman of the Union Parishad as Receivers. On 19-1-80 the Sub-Divisional Magistrate dropped the proceedings lying ......trate started M.R. Case No.144 of 1979 and drew up proceedings under section 145 of the Code of Criminal Procedure and appointed Officer-in-Charge, Amtali police station and the Chairman of the Union Parishad as Receivers. On 19-1-80 the Sub-Divisional Magistrate dropped the proceedings lying deposi..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....this case, it was disputed at all that Jitendra was murdered and that his deadbody was found out from a bil. This has been independently proved by the evidence of P.W.4 Dr. A.M. Mohammad Ali who held postmortem examination on the deadbody and found 4 injuries on the person of Jitendra and gave his o......sh but all of them returned to the respective houses in the same night. After having failed to trace out Jitendra on search he informed about the missing of Jitendra to the co-villages as also to the members of the village Defence Party including Azizul Islam. At about 4 P.M. of 16-9-79 the members ......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
.... and for appointment of a Chartered Accountant. This letter was sent by a messenger to respondent No. 1 who however refused to receive it. On 21 July 1982 petitioner No. 1 received by registered post two letters of respondent No. 1, one dated 17-7-82 and the other dated 19-7-82(Annexures- &lsqu...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....xed with bran. The Officer-in-charge of Saidpur p.s. in the district of Rangpur lodged F.I.R. on 11-8-79 which contained, inter alia, that upon a surprise inspection by the then Minister-in-Charge of post and Telegraph accompanied by the Members of the then Parliament, Magistrate and a pol......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......llip;…(6 &7) Cases Referred to- Hussain Baksh Vs. Settlement Commissioner Rawalpindi, PLD 1970 (SC) 1; Manager Lever Brothers (Pak) Ltd. Vs. Lever Brothers (Pakistan) Ltd. Sramik Union, 25 DLR 242. Lawyers Involved: Abdul Hamid, Advocate—For the Appellants. ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all the staff under works programme centrally i.e. at the Govt. level only to avoid complication and irregularities in respect of appointment and selection as has been noticed earlier. To fill up the posts of non-technical nature, prior clearance of Establishment Division may also be required. ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ...... Quader Molla...................Petitioner (In Writ Petition No.447/80) Roi Mohan Rai..........................Petitioner (In Writ Petition No.448/80) Vs. The Chairman, Bakerganj Zilla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....on in the rank of officers of whom the president is the appointing authority", are required to be placed before the President for approval. Similarly, the cases of suspension of officers holding posts, the maximum scale of pay of which is not below Tk. 2600/- per month are also required to plac......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....ol of the Government of Bangladesh, but could not formally report to the Government of Bangladesh at Mujibnagar, Rule 4 says that a freedom fighter shall be given two years antedated seniority in the post held by him, or in the service he belonged to, on 25th March, 1971 with all attendant benefits ......to securing adequate representation of any backward section of citizens in the service of the Republic, reserving appointment relating to any religious or denominational institution and reserving for members of one sex any class of employment or office. Considering the clear provision of Article&nbs......manabhacharya, AIR 1966 SC 302; Shahabuddin Vs. Pakistan, PLR 1957 Kar 854; Ramkrisna Dalmia Vs. Justice Tendolkor, AIR 1958 SC 538; Accountant General Vs. N. Bakshi, AIR 1962 SC 505; Jaisinghani Vs. Union of India, AIR 1967 SC 1427; State of Mysore Vs. Krisna Murth, AIR 1973 SC 1146; B.S. Vadera &a...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....e said land on many occasions with a prayer for reconveyance of the suit land at agreed upon but was refused. Lastly in the month of Agrahayan 1374 B.S. the plaintiff served a notice, by a registered post through his lawyer, upon the defendants demanding the reconveyance on payment of the considerat...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....about half an hour P.W.3 Nazrul islam came to the place of occurrence with the police and found the dead body of Matiar Rahman. P.W.11 Dr. M.A. Sattar, Assistant Surgeon, Dinajpur Sadar Hospital held post mortem examination on the dead body of Matiar Rahman on 1-9-69. Sub-Inspector Abdus Salam (who ......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
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