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Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....rge, Palashbari PS without taking permission from the Magistrate, as is required under section 155(2) of the Code of Criminal Procedure, investigated the case and recorded the statements of different persons under section 161 of' the Code of Criminal Procedure and submitted the charge sheet agai......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......rtified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....¦¾ গৃহীত হইবে”। In this connection we may quote section 20 of the Arbitration Act, "20. Application to file in Court arbitration agreement. (1) Where any persons have entered into an arbitration agreement before the institution of any ,suit with respect ......er to which the agreement relates, that the agreement be filed in Court. (2) The application shall be in writing and shall be numbered and registered as a suit between one or more of the parties interested or claiming to be interested as plaintiff or plaintiffs and the remainder as defendant or......sers MP Ali Mia & Sons Vs. Messers Green and While Ltd. 15 DLR 708; Chhogmal Rawatmal Vs. Sankalch and G. Shah and others, 53 CWN 828; KM Shafl Ltd. Vs. Government of Bangladesh, 1982 BLD 111; Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 43 DLR 1. Lawyers Involved: ......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....n 412 CrPC a decision in the case of Profulla Kumar Roy Chowdhury and another Vs. Emperor reported in AIR 1944 (Cal) 120, may be looked into wherein it has been held : "No doubt under s.412 persons who pleaded guilty can only appeal on the ground of sentence. But they are entitled to satis......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......ords be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....d against the agent of the charterers as the owner of the ship and the time charterers were not made parties in the suit on the ground that the agents will be compelled to satisfy decree on behalf of persons from whom the agent will not be able to recover the same with the observations as follows:
......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......rder as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....mmittee on 21.10.61. The DIT started the proceeding in LA Case No. 138 of 1961‑62 under section 93A of the Town Improvement Act, 1953 and after paying part of the compensation money to the affected persons DIT obtained delivery of possession in respect of the land of the plot Nos. 2152, 2161, 2162......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
...... passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
....ing the Tetulia River at Nimdi Taterkati at about 20.15 hours 10/13 dacoits variously armed suddenly mounted attack upon the petitioner and his companion constables, caused grievous injuries on their persons and snatched away their rifles with some ammunition. With those snatched away rifles the dac......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
...., the property to be acquired must be specified one for identification with sufficient particulars to indicate definitely which part of the plot is required with adequate description of the owners or persons interested in the said property to file objection to the acquisition of the property. Mr. Pa......operty to be acquired must be specified one for identification with sufficient particulars to indicate definitely which part of the plot is required with adequate description of the owners or persons interested in the said property to file objection to the acquisition of the property. Mr. Pal elucid......cordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
......ct Land Allocation Committee, Lakshmipur for discussion and allotment of the land for the establishment of the Lakshmipur Mohila College. And considering public purpose for development of women's education in the district acquisition proceeding has been started vide RC No. 9/5‑85 and notice un..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
....such residuary legatee.
234. When there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died int......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......(1994) 90.
......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....by P.W. 1 who arrested accused Ashok Kumar Saha along with 3 others including a lady named Parvin Begum who was alleged to be the wife of accused‑appellant Ashok Kumar Saha. Thereafter, the accused persons were produced before the Sabujbagh Police Station and a GD Entry was made and on that basis ......be maintained against an accused. But that single witness must be wholly and fully reliable and he must be above any reproach and not shaken. In the instant case P.W. 1 is the informant and naturally interested and P.W. 2 is the only witness who has been relied on by the trial Court. But on scrutiny......n any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....schedule land of the plaint till the disposal of the suit on the allegations briefly as follows‑ 3. That the suit land mentioned in 'Ka' schedule to the plaint originally belonged to 3 persons namely; Abdul Majid, Matiar Rahman and Mvi. Abdur Razzaque @ Rajib Ali in equal share measur......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ...... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... held to be sacrosanct. In the absence of the practice of registration of birth in the official register kept by any public authority, one cannot really be sure of the date of birth of any particular persons. Ultimately, it falls on the court to determine the age of the girl based on the impression ...... reason to believe that the date of birth of the victim girl has been misrepresented as early as that for the purpose of this case. Similarly, the school certificate is given by the head master, a disinterested person, and there is no reason why should it not be relied upon for fixing the age of the...... the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......ortunity to have a look at her and talk to her. When we asked her name she gave her Islamic name, Nurunnahar Khanom. She had stated that she was 20 years old and that there was discontinuation in her education for some years, and as a result, she was lagging behind in her education, she has also sta..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....d, in the interest of the security of Bangladesh detained or confined;
Provided that a person shall not be detained for a period exceeding six months unless an Advisory Board consisting of three persons appointed by the Government, of whom two shall be persons who are or have been, or are quali...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......rty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....and that Rasheda had immoral character and there was quarrel in between the husband and the wife and some time victim Kalam's wife demanded divorce from him and that in the absence of Kalam other persons used to visit his wife; that on 25.12.87 at about 9 0' clock in the morning the informan...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
.... same about 40 year before and they reclaimed the same and made it fit for seedling bed. No other witness supported the P.W. 1 in this respect. There is no particular as regards date, time, place and persons from whom and in whose presence plaintiff's took settlement of the suit land. There is a......hing about reclamation of the suit land by the plaintiffs. In the absence of any evidence to corroborate the P.W. 1 as to reclamation of the suit land by the plaintiffs statement of the P.W. 1 who is interested in the result of the suit in this respect cannot be relied upon. There is no averment or ......ost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
.... decide the appeal actively participated in taking the resolution dated 2.12.90 as appeared from the resolution itself and as such the impugned judgment is vitiated by bias and partiality as the same persons cannot be the prosecutors and the judges in respect of the self-same matter. He further subm......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ...... practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....s of the governmental and all financial enactments must contain the date on which such act or enactment should come into effect and for the fact that such effective date has deprived certain class of persons of the benefit of the financial measure, such measure cannot be called in question by termin......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......onstitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....ioner passed an order upon the officer‑in‑charge, Madyanagar Police Station for inquiry of the matter. The officer‑in ‑charge, Madyangar PS, visited the, place of occurrence and examined some persons of the locality and submitted a detailed report to the court on the 25th April, 1985 stating......o AIR 1947 (Lah) 227 which reads as follows: "Sub‑section (5) of section 145 CrPC lays down that nothing in the section shall preclude any party so required to attend, or any other person interested, from showing that no dispute likely to cause a breach of the peace exists or has existed......m according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....ar Awal in pursuance of the Board's resolution. Annexure‑G is the letter (Writ Petition No. 1661/89) issued by the Inspector of Schools of the Board. A copy of this letter was sentamongst other persons, to the Deputy Commissioner, Dhaka and again the Secretary, Ministry of Education Section on......his grievance because only one who is affected by the order of the resolution has a right to be heard and no one else. Mrs. Marium Begum being a Head Mistress‑in‑Charge of the School could not be interested in the proceeding against Shamsun Nahar Awal except that she might be an aspirant to that......nsequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....er direction of the higher officer. Meanwhile, accused Chan Mia, Naru and Tapa were arrested when they expressed their willingness to make confession of their guilt and accordingly the said 3 accused persons were produced before the local Magistrate 1st Class, Mirzapur, who was pleased to record the......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......wn the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ion Ltd. did not make any further payment out of necessity. 9. When that was the matter the impugned order was passed impounding the passport of the petitioner at the instance of some interested persons without any application of mind. There is absolutely no reason why such order should be pass......ue Publication Ltd. did not make any further payment out of necessity. 9. When that was the matter the impugned order was passed impounding the passport of the petitioner at the instance of some interested persons without any application of mind. There is absolutely no reason why such order sho......no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
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