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Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....R 1964 Allahabad 6 and the case of Akhtar Hossain Khan and others Vs. The State reported in 29 DLR (SC) 101, wherein it has been held that Section 6 of the General Clauses Act,1897 is applicable to a simple case of repeal, as well as to a case of repeal of a statute followed by a fresh enactment on ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... that the transfer legally took place while the application for pre‑emption was pending in court. The defect of pre‑maturity was therefore fully cured. The court further held: "Apart from this, a simple illustration from the Code of Civil Procedure will clarify the position. If the petitioner wo...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....(in short, the Act of 1929). Section 5 of the Act provides as under: PUNISHMENT FOR SOLEMNISING A CHILD MARRIAGE.- Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand Tak......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
....eason to depart from the view taken in Noor Mohammad Vs. The State, reported in 42 DLR (1999) 434, wherein it has been held that plaintiffs having failed to prove their possession in the suit land, a simple suit for declaration of their title is barred. But the appellate court, although referred to ......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
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Category: Property Law | Date: | Hits: 89
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ing the judgment and decree passed by learned Munsif, 1st Court, Pabna in OC Suit No.135 of 1973. 2. Plaintiff appellant instituted OC Suit No.135 of 1973 in the 1st Court of Munsif, Pabna seeking simple declaration of title to the suit land measuring 81 acres as described in the schedule of the ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....subsequently in issue in the previously instituted suit between the same parties, the trial Court has jurisdiction to maintain the application under section 10 CPC as the same is maintainable for the simple reason that the intendment of the provision of section 10 is to prevent the Court simultaneou......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....accused petitioners guilty under sections 147, 323 and 447 of the Penal Code and sentenced them to suffer rigorous imprisonment for one month and to pay a fine of Tk. 75.00 only, in default to suffer simple imprisonment for 7 days. 6. Against this order of conviction and sentence awarded by the U......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77...Category: Criminal Law | Date: | Hits: 79
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....47 of the Civil PC and will be decided under that provision. But a third party cannot intervene at that stage and force an inquiry into his title or possession on an unwilling decree‑holder for the simple reason that his case does not fall under s.47 and no inquiry into his title or possession is ...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....ance paid during suspension was described as a subsistence allowance...
I am unable to regard the diminution of remuneration as sufficient to constitute an order of suspension as a penalty for the simple reason that it is provided by the rules of the service, which every public employee accepts t......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
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Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....represent another in dealings with third person. The person for whom such act is done, or who is so represented is called the 'principal'. The authority of the agent is a derivative authority. In a simple contract an agent signing for his principal, if acting within the scope of his authority, bin...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....t the provisions of section 38 are very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated to protracted litigation in a simple case. 33. In the case of M/s Anath Bandhu Guha & Sons Ltd. 7 PLR (Dac) 159, their Lord......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... in Sessions Case No.251 of 1993 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further period of 1 (one) year. 2. The prosecution case, in brief, is t......e informant resisted the Mishuk (three wheeler) at Mirpur Technical turning point and pulled down Masum (deceased) from the Mishuk and hit him with an iron rod, hokey-stick etc. which caused bleeding injuries on different parts of his body. The accused snatched away a SEIKO Five wrist watch from Mas..Category: Criminal Law | Date: | Hits: 73
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......Mr. Sk. Helal Uddin came in the Public meeting by a car and moved to stage and that a powerful bomb was blast near the Gate of the College and for which persons about 20/25 public fall in to grievous injuries and hence the case. 3. The matter was investigated by the CID and who submitted final re..Category: Criminal Law | Date: | Hits: 80
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....or life and to pay a fine of Taka 5,000.00 each, in default further imprisonment for five years. Semona Khatim was found guilty under section 201 of the Penal Code and she was sentenced thereunder to simple imprisonment for a period of five years and with fine of Taka 500.00 with a default order, ac......om gum 5. Nose depressed. Scalp & Vertebra healthy. On detailed dissection the inner aspect of lips found lacerated and separated from gum with scattered sub‑mucosal haemotoma present. No other injuries were found. In his opinion death was due to asphyxia as a result of suffocation, which was ..Category: Criminal Law | Date: | Hits: 76
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ncluding the inquiry by the ACC and failure of the ACC to furnish the petitioner with a copy of the inquiry report. The matter of finishing the petitioner with an inquiry report can be disposed of by simple reference to the decision in the case of Anti-Corruption Commission Vs. Sheikh Hasina Wazed, ......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...Category: Anti-Corruption Laws | Date: | Hits: 154
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....ed Abdus Somed, Witness No.11 and found 3 injuries on his person. One is just above the left side eye and the other swelling injuries which might have been caused by blunt weapon. These injuries were simple in nature. On the same date namely 7.1.82, doctor Shafiuddin Sikder P.W.16 examined Abdul Wah...... away the dead bodies of Azimuddin, Chandi, Suruj and Ahad. P.W.11 Somed, P.W.6 Khurshed Mia resisted but accused Saraj son of Matbar Ali dealt a dao blow on the head of P.W.11 Somed causing bleeding injuries. It is stated by the prosecution that they somehow arranged to resist the accused‑appella..Category: Criminal Law | Date: | Hits: 111
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....y the High Court Division in Criminal Appeal No.125 of 1991 allowing the same convicting the accused-appellant under Section 6(5) of the Muslim Family Law Ordinance, 1996 and sentencing him to suffer simple imprisonment for 3(three) months and also to pay a fine of TK. 10,000.00 in default to suffer......suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...Category: Family Law | Date: | Hits: 185
....bitration in accordance with Clause 13 of the share purchase agreement.
5. Mr. Ajmalul Hussain. Q.C, learned Counsel, for the respondents submitted that the case of IPDC in the Artha Rin Suit is a simple case of recovery of money owed by the appellants and the other Directors to IPDC under Clause......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
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Category: Civil Law | Date: | Hits: 78
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....ed Abdus Somed witness No. 11 and found 3 injuries on his person. One is just above the left side eye and the other swelling injuries which might have been caused by blunt weapon. These injuries were simple in nature. On the same date namely, 7.1.82, doctor Shafiuddin Sikder PW 16 examined Abdul Wah......ch away the dead bodies of Azimuddin, Chanclu, Suruj and Ahad. PW 11 Somed, PW 6 Khorshed Mia resisted but accused Suruj son of Matbar Ali dealt a dao blow on the head of PW 11 Somed causing bleeding injuries. It is stated by the prosecution that they somehow managed to resist the accused‑appellan..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....e three‑storied building. Hence this appeal by the defendant‑appellant 10. Mr. MH Khandker, the learned Advocate appearing on behalf of the appellant, has contended that the suit as framed for simple declarations was not maintainable in law being barred under the proviso to section 42 of the ......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..Category: Property Law | Date: | Hits: 110
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