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Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......tion with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......nd making the investigation submitted the charge sheet. 17. P.W.15 Abdul Hakim Chowdhury is a seizure list witness. He proved one pair of sandal and one packet book (Ext. 5) and Ext. 5/2 is his signature. 18. P.W.16 Doctor Shah Jamal examined the dead body of deceased Sirajul Islam and found t..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. .......Petitioner Vs. Dhaka Club Ltd. & others…………….........Opposite Parties Judgment July 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiuddin Sarwar Vs. Dhaka Clu......it is pending. The point at issue in the suit can be finally and effectively decided on adducing evidence by both the parties and it can be done only by the trial Court. The litigation of the present nature as cropped up from Dhaka Club is not a first one. In the case of Md. Delwar Hossain Khan Vs. ..Category: Civil Law | Date: | Hits: 110
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......nsideration for the Election Commission for delimiting the constituencies. My reading of section 6(2) as a whole that for the expressions employed in section 6(2) is that section 6(2) is directory in nature and the Election Commission has wide discretion to take into consideration the conditions enu..Category: Election Law | Date: | Hits: 271
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......fect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......e accepted. 17. In the case of Farid Sons Ltd. Vs. Government of Pakistan reported in 13 DLR (SC) 233 it was made unambiguously clear that if the act in question is judicial or quasi judicial in nature and not administrative, the principles of natural justice will apply irrespective of the cha..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......esult: The Rules are discharged. Cases Referred to- Travancore National & Quilon Bank Ltd., AIR. 1940 (Mad.) 157; Ranganathan Vs. Periakaruppan, AIR 1957 (SC) 815; Akbar Khan Vs. Attar Singh, 1936 (2) All ER (PC) 545. Lawyers Involved: Ansarul Hoque, Advocate ‑ Petitioner in pe......ng of issues on acceptance of the written statements filed by the defendant even though rule 2, Order 37, fixes a period of ten days to obtain leave from the Court to appear and defend a suit of this nature. He submits that this is a clear violation of the rule and the impugned orders passed by the ..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ranted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ned Advocate appearing for the respondent No.2, submits that the provision of transmitting the FIR to the Durniti Daman Commission within two days from the date of lodging the FIR is not mandatory in nature. So for that reasons the proceeding cannot be declared void. He further submits that in the m..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......es Judgment July 13, 2010. Result: The Rule is discharged. Cases Referred to- Ali Ahmed Vs. Rezia Begum, 1986 BLD 326; Fahim-al-Haque Vs. Md. Abdul Aziz, 43 DLR 226; Mofazzal Hossain Vs. Moinuddin, 3 BLC (AD) 78; Serajuddin Vs. Mizanur Rahman, 29 DLR (SC) 82; Uttara Bank Vs. Macn......rest in the suit land; c) A decree for khas possession in the suit land in their favour and against defendants; d) A decree for permanent injunction restraining the defendants from changing the nature and character of the suit land and from transferring the same to anybody in any form and mann..Category: Civil Law | Date: | Hits: 111
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......ith the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......n the body of the deceased victim as found by the doctor in the post mortem report and even if it is proved that those injuries were caused by the appellant still the injuries as found were simple in nature and not sufficient to cause the death of the victim wife or any grievous hurt to her. His fur..Category: Criminal Law | Date: | Hits: 135
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......oceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......d there being no violation of the provisions of section 27 of the Special Powers Act the proceeding is not liable to be quashed. 9. The basic point involved in the case needs to be examined in the nature of jurisdiction exercised by the Sessions Judge and the Special Tribunal in the framework of ..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ...... Judgment June 29, 1989. Result: The Rule is discharged. Cases Referred to- Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (A.D.) 70. Lawyers Involved: Asrarul Hossain, Advocate-For the Petitioner. Tofazzal Islam with Shamsul Hoque Siddiqui, Advocates- For the......or of law in not passing an order staying further proceedings of the Miscellaneous Case till the disposal of the earlier suit. He submits that the provisions of section 10 C.P.C. are mandatory in nature. In support of his contention he has referred to the case of Bangladesh Shilpa Bank Vs. Bangl..Category: Civil Law | Date: | Hits: 119
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......n Feroz Bakht & 58 others, 20 DLR (SC) 79; Express Newspapers LD Vs. Labour Court, Madras, AIR 1964 (SC) 806. Lawyers Involved: Abdus Samad, Advocate ‑ For the Petitioners. AKM Asaduzzainan, Advocate ‑ For the Opposite Party. Civil Revision No.1406 of 1990. Judgment Syed Am...... legal aspects of probationer and permanent. It has been laid down in that case that there is a distinction between probationer and permanent workman. The service of the probationer is of a tentative nature. During the period of probation both parties are at liberty to decide whether they would subs..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ......his Case is also Reported in: 48 DLR (HCD) (1996) 470. ...... Underlying reasoning is that it will be idle to pass a decree which can be undone by the other party lawfully. Clause (d) of section 21 of the Specific Relief Act states that a contract which in its nature is revocable cannot be specifically enforced. 12. The impugned order having been passed ex..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ...... and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one appears. Civil Revision No.1293 of 1996. Judgment SM Emdadul J.- The Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 4-11-1995 passed...... 25. Now I would like to discuss about the charge against the plaintiff wife by the defendant husband with adultery which called Lian. This is very important things in this case. It is against human nature that the parties can live together happily after such an allegation. In the instant case the ..Category: Family Law | Date: | Hits: 202
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......ajority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......elopment work in the case land after 20th of March, 1998 in complete disregard to the factual position that the gap between 20th of March, 1998 upto 27th May, 1998 was quite enough to undertake the nature of the development works and erection of the structures on the case land as claimed by the ..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ...... allow them to join on the ground that their services were terminated by an order dated 17.09.1981 passed by him. It was the contention of the plaintiffs that the order of termination was punitive in nature and that the defendant petitioner had no authority to terminate the services of the plaintiff..Category: Labour and Industrial Law | Date: | Hits: 186
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......ning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......r No.1 of 1985 calling upon the respondents to show cause as to why the impugned order of cancellation of licence (Annexure-G) as contained in Memo No. DA/U-19/84/1950 dated 17.04.1985 under the signature of the respondent No.1 the Director, Drug Administration and Licencing Authority (Drugs), D..
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....neither true nor voluntary and that these have been extracted by the police by inhuman torture. They have further submitted that except the confessions of Tajul and Badsha, the other confessions were exculpatory. The learned Advocates have submitted that the learned Additional Sessions Judge committ...... Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......to washing test. On deep dissection, the body was found severed into two pieces causing complete severing of various internal organs which were mentioned above. The wounds were incised in nature and the margins of the wounds were found congested. Tissues resistant to washing test due to ..Category: Criminal Law | Date: | Hits: 139
....s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......he stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......en and recognition accorded by the Government, long before the change of name of respondent No.4 to that of Metropolitan Chamber of Commerce. The condition hence, if any, would be only prospective in nature and not retrospective and would not take away the right already accrued under the law.
10...
Category: Civil Law | Date: | Hits: 162
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......ate‑For the Appellants. Mohammad Habib Ahmed, Advocate‑For the Respondents. Second Appeal No. 249 of 1967. Judgment Abdul Hasib J.- This Second Appeal has been directed against the judgment and decree dated 25A.66 passed by the Subordinate Judge, Second Court, Sylhet in T...... court on remand found that the Plot Nos.1 and 2 are used by the plaintiffs as a pathway for their going to the mosque, the latrine and the paddy field. The court also found from the reports that the nature of the plot No.1 was deliberately changed and that although the house of the defendant was or..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......zaul Karim ........………..…..Petitioner Vs. Jahanara Begum……………………….Opposite Party Judgment May 15, 1991. Result: The suit is disposed of with instructions. Lawyers Involved: Abdul Hamid Chowdhury, Advocate - For the Petitioner. ......ntract. 14. Now the subject matter in both the suits relates to shop No.7 and as such the subject matter of both the suits can be said to be identical. 15. It is settled law that the very nature of the principle of consolidation implies that similarity of identity of the matter in issue ..Category: Property Law | Date: | Hits: 112
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