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Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)

....ore me. I affirm the judgment and decree of the lower ap­pellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......n of them till such time as an actual partition by metes and bounds takes place between the co-sharers. I am fortified in my view by the aforesaid judicial pronouncements of both the Supreme Court of Pakistan and the High Court of East Pakistan in holding that the present suit for permanent injuncti......ore me. I affirm the judgment and decree of the lower ap­pellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408...

Category: Property Law | Date: | Hits: 95

Hafizuddin Vs. State, 1989, 18 CLC (HCD)

....ailants. Now let us see whether deceased Abdul Hakim had the capacity to make the alleged Dying Declara­tion after receiving such bodily injuries which caused his death. In this connection, we may remember that the victim was aged about 80/85 years and Habi doc­tor, who was called immediately to t......­quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......­quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..

Category: Criminal Law | Date: | Hits: 92

Rajendra Nath Shaha @ Rajendra Prasad Shaha & another Vs. Md. Sonaullah Pramanik & others, 1989, 18 CLC (HCD)

..... Gurmukh Singh, AIR 1928 (PC) 1, the Judicial Committee of the Privy Council ex­plained this legal position in the following words:- "If by exclusive possession of joint estate is meant that one member of the joint family alone occupies it, that by itself affords no evidence of exclusion of oth......to Kunjalal Shaha and Radhikalal Shaha in equal share; that Kunjalal Shaha died leaving 3 sons, namely, Dinesh, Manindra and Jogendra; that Manindra and Jogendra migrated to India before the birth of Pakistan; that by an amicable ar­rangement Dinesh got the properties in this country including the ......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 393. ..

Category: Administrative Law | Date: | Hits: 488

Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)

....ter alia, that on 20.11.87 at about Esha prayer time while he was gossiping in the shop of his cousin Md. Ansar Ali near the Trishal Bus Stand, some people came to him and told that his brother Intaz member had been killed in the Rod and Cement shop of the businessman Joynal Miah. The infor­mant fu......n accor­dance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......n accor­dance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...

Category: Procedural Law | Date: | Hits: 113

Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)

....band had no reason to kill his wife and no motive was disclosed in the ejahar or in the evidence on record. The family wherein the occurrence took place was a joint family comprising a good number of members. None of the family members or any of their neighbours was examined, nor the close relations......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 114

Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)

....they pleaded not guilty and claimed to be tried. 4. The prosecution in support of its case examined as many as thirteen witnesses, including the informant Md. Majibar Rahman; five Sepoys, who were members of the raiding party; two seizure list witnesses, three other local witnesses, and two Inves......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 87

Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)

....d. 4. In support of its case, the prosecution examined seven witnesses. Out of them, P.W.1 Md. Saidur Rahman is the informant; P.Ws.2-3 Aminul Huq and Jane Alam respectively are two constables and members of the police team; P.W.4 Md. Lutfar Rahman, a seizure list witness; P.W.5 Md. Aminul Islam,......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 113

Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)

....examination he stated that so many people including the appellant Maznu were there. He further stated that particularly he had heard the news from one van puller of village Bilpalima, but could not remember his name. He denied the suggestion that he had stated to the Investigating Officer about the ......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 110

Bangladesh Can Compa­ny Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)

.... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal ef­fect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ...... permanent posts on 25.3.1971. During the War of Liberation they failed to report to the Government of Bangladesh at Mujibnagar but abstained from doing their duties under the then Government of East Pakistan/Pakistan and did not receive any salary from the said Government with a view to participate...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal ef­fect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ..

Category: Labour and Industrial Law | Date: | Hits: 268

Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)

....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......ing 7 kathas and 8 chattaks was allotted to the petitioner on 30.9.63. Thereafter on 8.4.64 a deed of lease for 99 years commending from 29.12.63 was executed be­tween the Governor of erstwhile East Pakistan and the petitioner and the said deed of lease was registered on 10.7.64. The value of the l......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..

Category: Property Law | Date: | Hits: 115

Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ating to any matter of organisation election, management etc of the Society shall be resolved by the Managing Board and when the Managing Board itself is involved in the disputed by the President and member or members of any Unit shall not take any such matter to the Court of law for decision." O......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ..

Category: Civil Law | Date: | Hits: 169

Abul Kashem & anoth­er Vs. State, 1990, 19 CLC (HCD)

....o bring green coconut. Next morning he learnt about the murder. The accused were arrested 3/4 days after with the van. In cross he stated that a police officer recorded his statement but he did not remember whether it was on 20.4.86. He met Khalil at 3 PM before Kalachand Hotel. 27. P.W.21 Anand......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...

Category: Criminal Law | Date: | Hits: 147

Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)

.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......s the learned Sessions Judge, Brahmanbaria accepted the final report and rejected the Naraji petition submitted by the informant petitioner. In the case report in 14 DLR (SC) 251 the Supreme Court of Pakistan held that limited character of the function of the committing Magistrate inquiring into an ...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..

Category: Criminal Law | Date: | Hits: 143

Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)

.... of Shibganj MH Degree College, Bogra. He was suspended by the Governing Body of the College by a resolution dated 1-11-1990. The Upazila Nirbahi Officer reinstated him by a Memo dated 8-11-1990. The members of the Governing Body instituted a suit, being Other Class Suit No.254 of 1990, subsequently......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...

Category: Civil Law | Date: | Hits: 200

Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)

....eased rushed to the place of occurrence along with other witnesses and found Afazuddin lying dead on the bank of the river with multiple injuries. P.W.1 further stated that his deceased brother was a member of No.7 UP Fishermen Co-operative Society and because of the disputes with the said Society m......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...

Category: Criminal Law | Date: | Hits: 132

Fatima Begum (Mst.) Vs. Government of Bangla­desh and others, 1989, 18 CLC (HCD)

....s such the property in question is Abandoned Property and the alleged transfers were made without prior permission of the Government and are void transfers. The case was heard by the Chairman and one member only and was dismissed by the judgment and order dated 17.8.1987. 4. Against the said judg......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..

Category: Labour and Industrial Law | Date: | Hits: 197

Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)

....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......words 'other causes' but do not qualify other grounds mentioned before the word "or" separ­ately. 12. Mr. Karim cited the case of Zamiruddin Vs. Havas Khan reported in 21 DLR (SC) 39 in which the Pakistan Supreme Court in interpreting the words "suit for recovery of money due on con­tracts, rec......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...

Category: Labour and Industrial Law | Date: | Hits: 193

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)

....om civil suit in certain cases.—(1) No suit or other legal proceedings shall be maintainable in any civil Court against any registered trade union or collective bargain­ing agent or any officer or member thereof in re­spect of any action done in contemplation or furtherance of an industrial disp......ack to the learned Subor­dinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......ack to the learned Subor­dinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..

Category: Labour and Industrial Law | Date: | Hits: 179

Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)

....ns assembled in the place of occurrence to attack the informant and though only accused Abdul Khaleque attacked the informant the other accused persons are also guilty under section 147 because every member of any unlawful assembly is guilty irrespective of whether he did any overt act or not. ......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...

Category: Criminal Law | Date: | Hits: 109

Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)

....lim Ali (in person)- For the Petitioner. None appears — For the Opposite Parties. Writ Petition No. 1448 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner is an Advocate and was a member of the Dhaka Bar Association. He suspended his practice as an Advocate with prior information......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ..

Category: Others | Date: | Hits: 143