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Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......recommending to constitute a Full Bench in order to decide the matter finally. But in the present case it is not necessary because we, relying upon the above decision of the Appellate Division, are holding than either the State or any person aggrieved can prefer an appeal under section 30 against ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......pazila Nirbahi Officer to take action in pursuance of aforesaid notification dated 4.11.89 (Annexure 'C'); that on 1.3.90 Election, Commission published a notification fixing 16.3.90 for holding election of Chairman, Nabinagar Upazila; that the petitioner and his large number of su..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......able to adverse." Again the learned Author says:- "Where a party is in possession of lands in privity with the original owner nothing short of an open and explicit disavowal and disclaimer of a holding under that title, and assertion of title in himself brought home to the owner, will satisf..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......nsidered by any court which reads as under: "Attachment before judgment shall not affect the rights existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......ed Special Judge after considering the evidence on record came lo the finding that the accused realised the money from different tax payers but deposited the money alter the offence was committed. So holding he passed a sentence of imprisonment against the accused till rising of the Court taking a l..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ...... the order of detention dated 15th August, 1987 that order could not be interfered with. 28. Two questions call for determination in this appeal: (a) whether the High Court Division was right in holding that the Rule became infructuous on the revocation of the order dated 27th June, 1987 though..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......hat Chandra Bala was set-up by her brother Khemesh who had unsuccessfully contested the Redemption Suits as defendant No. 3. 5. The trial Court by judgement dated 27 August 1959 decreed the suit holding that the suit was not barred by limitation or by res judicata and that the plaintiff was in ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......537 of the Code of Criminal Procedure. 7. Hence it is ordered that the judgment and the order of conviction and sentence is accordingly set aside and the case is sent back to the Special Judge for holding trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimal..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......ssioner (Revenue), Moulvi Bazar suddenly put the fishery in auction on 25.05.1984 for the period 1391 B.S. to 1393 B.S. in spite of the petitioner's existing lease. The petitioner objected to the holding of auction and somehow the fishery was omitted from the auction list. 3. But immediatel..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......t it appears that it took into consideration the averments made in the plaint of Title Suit No.201 of 1956, miscellaneous proceeding case No.562 of 1970 and Money Suit No.6 of 1969 for the purpose of holding that the surrender was not acted upon. The finding as to whether a document by which certain..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......of 1983 as amended by Ordinance No.XXIX of 1985 the accused petitioner is to be deemed to have been released on 30 September 1985 on stopping the trial. The learned Sessions Judge rejected the prayer holding that section 8 of Ordinance No.XXXVII of 1983 applies to cases in which cognizance was taken..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ...... Council and Municipal Committees (Dissolution and Administration) Order, 1972 was promulgated on 21st January, 1972. By Article 3 all the Local Councils were dissolved and the persons holding office as Chairman, Vice-Chairman, etc. ceased to hold office and then clause (c) provided t..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ......set it aside. But at the same time the learned Sessions Judge observed that the Magistrate might proceed against the petitioner under section 200 Cr.P.C. that is, to take cognizance, if necessary, by holding judicial enquiry. The Sessions Judge's order was challenged again and ultimately it came bef..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......arty, submits that the Tribunal has not considered the evidence on record that both at the time of election and after it, the petitioner never submitted any complaint with regard to the peaceful holding of the election and peaceful counting of votes. It is only in the election petition that he ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....rs making legal provision that such evidence shall be substantive evidence in his Court as well as in the Courts of e Sessions, District Magistrates, etc. Since the whole country is largely rural and agricultural, lawyers with graduation degrees in law can not be expected to be available there in th......ry into the above noted occurrence I examined Noor Mohammad (accused appellant) (son of Monir Ahmed) husband of the deceased and other neighbouring witnesses who were present at the time of holding inquest and ascertained that on 5.9.83 at evening deceased Lutfunessa Begum was cutting fish..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......d any compensation to the complainant and accordingly it was held in the facts of that case that there should not have been double sentence and as such the sentence of fine was set aside while upholding the sentence of imprisonment. 9. In the case reported in 35 C.W.N. the conviction ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......ward any compensation to the complainant and accordingly it was held in the facts of that case that there should not have been double sentence and as such the sentence of fine was set aside while upholding the sentence of imprisonment. 9. In the case reported in 35 C.W.N. the conviction was u..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......ich means that it was not the prosecution case that a gun was used while committing the offence. The Sessions Judge and Ex-Officio Special Tribunal clearly committed an illegality in the said case by holding that the cognizance will be taken u/s. 27 of the Special Powers Act as the case under sectio..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......(2) Transfer to a co-sharer by inheritance is not pre-emptible in any way……………(4) It appears that the appellant-transferees are the only co-sharers in the holding, and it is they who already purchased the land. Since there was no other co-sharer in t..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......ed to write certain papers under his dictation and was forced to put her signatures on some blank sheets of paper. She was made to get herself photographed with accused Abu Taher several times. After holding a Judicial inquiry after examining some witnesses warrants of arrest were issued against acc..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
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