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Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ......long with the charge sheet. 15. Mr. Abdus Sobhan, learned Advocate for the accused-respondent, submits that now that the charge sheet has been submitted, the learned Sessions Judge or the Special Tribunal may be directed to decide the question of custody upon ascertaining the opinion of......scertaining the actual age of the girl by fresh medical examination and the learned Magistrate having allowed the said prayer by his order dated 22-1-98 respondent No. 1 moved the learned Sessions Judges in revision against the said order, who allowing the revision case, by his order dated 25-2-..

Category: Criminal Law | Date: | Hits: 48

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... represented — Respondent. Criminal Petition For Leave to Appeal No. 208 of 1998 Judgment    Latifur Rahman J.- In Sessions Case No.1991 the Additional Sessions Judge, Mymensingh on 30-3-95 convicted accused-petitioner No. 1 under sections 302/109 of the Penal..

Category: Criminal Law | Date: | Hits: 61

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....II of 1947, triable under the Criminal Law amendment Act. There is no provision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment Act. So the learned Divisional Special Judge had no authority to revive the case under the provisions of the Code of Cr...... triable under the Criminal Law amendment Act. There is no provision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment Act. So the learned Divisional Special Judge had no authority to revive the case under the provisions of the Code of Criminal Pro...... under the Criminal Law amendment Act. There is no provision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment Act. So the learned Divisional Special Judge had no authority to revive the case under the provisions of the Code of Criminal Procedure&h..

Category: Criminal Law | Date: | Hits: 59

Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)

....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......e accused-petitioner arises out of yet another deprecatory order passed by Division Bench of the High Court Division transferring Sessions Case No. 83 of 1998 from the Court of Additional Sessions Judge to the Court of Sessions Judge, Nawabganj for trial on an application under section 526 of th..

Category: Criminal Law | Date: | Hits: 59

Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)

....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......ivision, Dhaka in Civil Revision No. 4687 of 1998). Judgment Kazi Ebadul Hoque J.- Defendant-petitioner is seeking leave to appeal against judgment and order dated 10-8-99 passed by a Single Judge of the High Court Division in Civil Revision No. 4687 of 1999 discharging the Rule and affirmi..

Category: Civil Law | Date: | Hits: 142

Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)

....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......t in consideration of the evidence on record. The contesting defendants preferred an appeal therefrom but lost. Thereupon they went up in revision, Civil Revision No. 1040 of 1992. A learned Single Judge of the High Court Division, by his judgment and order dated 20 November, 1997, discharged th..

Category: Property Law | Date: | Hits: 47

Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)

.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ...... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ...... Order No. 992 of 1997. Judgment       Mustafa Kamal CJ.- The plaintiff-respondent’s Title Suit No. 43 of 1988 was decreed by the 6th Court of Assistant Judge, Dhaka by judgment and decree dated 5-10-1993 in the following terms: “…..

Category: Property Law | Date: | Hits: 59

Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)

.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ...... Housing Estate known as Bashundhara which is in a development stage. 3. The present petitioner and other respondent in the writ petition instituted a suit in the 3rd Court of Subordinate Judge, Dhaka, namely, Title Suit No. 11 of 1997 on 19-1-97 for a decree for declaration of title t..

Category: Constitutional Law | Date: | Hits: 164

Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)

....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......f 1996). Judgment       Bimalendu Bikash Roy Choudhury J.- This appeal by the defendant is directed against the judgment and order passed by the learned Single Judge of the High Court Division, dated 20 July 1998, in Civil Revision No. 3453 of 1996. By the s..

Category: Property Law | Date: | Hits: 59

Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)

.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......tion decree was not executed in full and that the tenancy of the pre-emptor and the vendors were still ejmali and that there was no evidence that the ejmali property was separated. A learned Single Judge of the High Court Division affirmed the judgment of the lower appellate Court. 6. In..

Category: Property Law | Date: | Hits: 57

Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)

.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35.   ...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35.   ......      Mustafa Kamal J.- The plaintiff-petitioners’ suit, Title Suit No. 15 of 1989, for declaration of title to the suit land was dismissed by the learned Assistant Judge, Kaliganj by judgment and decree dated 30 04-92 which was affirmed on appeal. Title Appeal N..

Category: Property Law | Date: | Hits: 73

Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)

....rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ...... Appeal No.18 of 1975). Judgment       Md. Abdur Rouf J.- Defendant No. 17 “Ka” of Title Suit No. 188 of 1970 (Partition) of the Court of Subordinate Judge, First Court, Barisal has preferred this petition for leave to appeal from the judgment and o..

Category: Property Law | Date: | Hits: 51

Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)

.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......e High Court Division discharging the Rule issued in Civil Revision No. 3536 of 1998. 2. Respondent before us as plaintiff instituted Title Suit No. 141 of 1981 in the Court of Subordinate Judge, 3rd Court, Dhaka, for ejectment of the petitioner from the suit premises. The petitioner al..

Category: Property Law | Date: | Hits: 87

Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)

.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......a Single Bench of the High Court Division in Criminal Revision No. 234 of 1992 discharging the Rule and affirming the judgment and order dated 28- 10-1991 passed by the learned Additional Sessions Judge, Bogra in Criminal Appeal No. 98 of 1983 and the order of conviction and sentence passed by t..

Category: Criminal Law | Date: | Hits: 92

Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)

....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......examine the authority of appellant No. 2, the Senior Assistant Secretary of the Ministry of Labour and Manpower for making such order. Having observed that under section 26 of the Ordinance it is the Special Court which is vested with the authority to pass the impugned order canceling the licence an......ower Bureau. In the Affidavit-in-opposition it was also asserted that the image of the country was being lowered in the world for past activities of the respondent. 28. It appears that the learned Judges of the High Court Division without entering into the merit of the submissions of the parties ..

Category: Constitutional Law | Date: | Hits: 192

AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)

....t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......tained an ex parte decree against the defendant. respondent against which the respondent filed Miscellaneous Case No. 11 of 1992 under Order IX rule 13 CPC which was allowed by the Senior Assistant Judge, 1st Court, Chittagong by judgment and order dated 29-10-92 on the ground that although the ..

Category: Procedural Law | Date: | Hits: 118

Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)

....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......nd under section 411 against respondent No. 2 on 28-4-84 in the aforesaid GR Case. 4. On 28-2-85 respondent No. 2 instituted Money Suit No. 8 of 1985 in the First Court of Subordinate Judge, Dhaka against the petitioner claiming Taka 35, 59,102.40 being his dues Out of the said Air ..

Category: Criminal Law | Date: | Hits: 93

Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)

....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ...... ATM Afzal CJ: This petitioner by the defendant-petitioner, a monthly tenant in the suit premises, arises Out of a suit for his eviction, Title Suit No. 146 of 1990 of the First Court of Assistant Judge, Khulna, filed by the plaintiff-respondent alleging default in payment of rent and bonafide re..

Category: Tenancy Law | Date: | Hits: 70

Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)

.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... for 6 months and a fine of TK 5,000.00 each, in default to rigorous imprisonment for two months more by the Additional District Magistrate, Jamalpur which were affirmed by the Additional Sessions Judge in Criminal Appeal No. 55 of 1986. The petitioners took a revision (Criminal Revision No. 574..

Category: Criminal Law | Date: | Hits: 53

Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)

....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ...... behalf of defendant Nos. 1-7 a kabala in favour of the plaintiff. The decree-holder then put the d into execution in Title Execution No. 94 of 1967 which was on transfer to the court of Assistant Judge, Chunarughat renumbered as Title Execution Case No. 5 of 1989. During the pendency of this ca..

Category: Property Law | Date: | Hits: 84