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Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....t and the order of conviction and sentence are liable to be set aside. Mr. Afzalur Rahman further submits that appellant Dulal was aged 13 years at the time of the alleged occurrence and could not be partners or associates with the real killers of Morium and that the trial of the accused persons wit......tem examination. Thereafter accused Giasuddin, Dula and Abul Kashem were arrested by the police and produced before a Magistrate when they made confessional statements under section 164 Cr.P.C. After investigation, the police submitted charge‑sheet against the accused‑appellants, who were put on..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
..... Shamsul Huda, Advocate‑For opposite Party No.2. Criminal Revision No. 642 of 1993. Judgment KM Hasan J. - The Rule was issued calling upon the Deputy Commissioner, Gopalganj and opposite party No.2 to show why the order dated 4.8.92 passed by the Thana Magistrate, Kasiani in Kasiani Pol......te, in which case it takes the character of a petition of complaint. He has further submitted that the Magistrate is at liberty to take cognisance upon police report even if the recommendation of the investigation officer is to the contrary. For this submission he has relied upon decisions held in A..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....cessor of the plaintiff appellant‑petitioner being plaintiff instituted Title Suit No. 235 of 1981 in the Court of Munsif (now Assistant Judge) 2nd court at Barisal against the defendant‑opposite party for khas possession by evicting the defendant from the suit hut as described in the schedule t......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
.... protested against forcible erection of the tin‑shed over their land, but accused Abdus Samad Mondal claimed to have got share in the said land. Out of this there was serious enmity between the two parties. At about 9‑00 P.M. on the night following 29‑6‑90 P.W.1 Abdur Rahim, the informant, w...... blows on various parts of the person of deceased Mohammad Ali, who died within half an hour. P.W.1 lodged First Information Report on the following morning at about 11‑15 A.M. (30‑6‑90). After investigation the police submitted charge‑sheet against the six appellants and accused Abdul Kader..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
....egal effect or such other or further order or orders passed as to this court may seem fit and proper.
2. The petitioner Mr. Zamir Ahmed was posted as Assistant Director, Administration, of the Department of Immigration and Passport of the Head Office at Dhaka and thereafter he was transferred t...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
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Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....ng shall contain material facts, but not the evidence. Rule 17 contains the provisions for amendment of pleadings as hereunder‑ "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....ocure evidence against other accused persons when prosecution is faced with the difficulty of gathering evidence to bring home the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplice witness. Mor......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ...... of the petitioner No.2, who is a minor girl, with petitioner No.1, who is an adult, is not allowed under Section 2(1) of the Children Act. The learned Sessions Judge found that the illegality of the investigation by an unauthorised Police Officer is cured by subsequent permission accorded on 26.5.9..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
....paragraph No. 12 of the petition and asserting that there was large scale rigging in the poll and the same was brought to the notice of the proper authority and the Election Tribunal upon hearing the parties rightly and justly passed the order for recounting and the writ petition has been filed to d...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....ent company would prepare 2000 telephone and 1000 telex bills on an experimental basis within a period of two months by using the computer of the Atomic Energy Commission and the contract between the parties would come into force for a period of 3 years subject to acceptance of those experimental bi......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
....
The appeal is dismissed.
The Contract Act (Act No. IX of 1872) Sections 151, 152 and 161
Liability of a bailee
The liability of the Railway while carrying goods handed over to it by a party is similar to the liability of a bailee. The Railway carries goods delivered to it by a party ......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
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Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ons upon the witnesses. On 6.9.90, five witnesses for the prosecution filed hazira. The accused Saheb All also filed hazira in Court. The learned Special Judge on hearing the learned Advocate for the parties and on examination of the case record framed accusation (charge) against the accused appella......d 31.8.86 was started on the basis of the FIR lodged with the said police station by one Md. Harunur‑Rashid, Assistant Inspector, District Anti‑Corruption Bureau, Faridpur, He himself took up the investigation of the case, seized some alamats, examined witnesses under section 161 CrPC and wrote ..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....s found all the 15 bales water stained, discoloured, rust stained causing damage to the extent of 30% amounting to loss of Rs. 11,531.70 paisa. Plaintiff No. 2 settled the claim of plaintiff No. 1 on part payment to the extent of Rs. 6,000.00 and got subrogated to the extent of the subrogated amount......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....ases notices of requisition under section 93A of the Town Improvement Act, 1953 were served in respect of the aforesaid plots of the land on the owners and after verifying the title of the land major part of the compensation was paid at provisional rate to the original owners who are claimed to be a......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....and others………………………………Respondents Judgment November 14, 1993. Result: The appeal is allowed in part. Cases Referred to- Imambandi Vs. Mutsuddi,45 IA 73; Md. Ejaz Vs. Md. Iftikher, AIR 1...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....legal effect, or such other or further order or orders passed as to this court may seem fit and proper.
2. The facts of the case, briefly, are as follows:
The petitioner joined the Police Department as a Constable with effect from 11.1.75 and his constable number was 777. While attached to......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....d Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The Rule is made absolute
Cases Referred to-
Sufia Khaitin Vs. Secretary, Revenue Department & others 20 DLR (SC) 18; Ralli Brothers Vs. Province of East Pakistan and others
L...... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ords transferred the same to the Court of the learned Additional Sessions Judge and Special Tribunal No. 23 Dhaka for trial. The learned Additional Sessions Judge thereafter fixed 25.5.92 for hearing parties in the matter of framing charge and after hearing both the sides framed charge against the s......ellant Ashok Kumar Saha and Parvin Begum under section 19(1)/1(Ka) of the Narcotic Control Act, 1990. One Abdul Awal Khan, Assistant Sub‑Inspector of Sabujbagh Police Station was entrusted with the investigation. He visited the place of occurrence, seized alamats; of the case, examined witnesses, ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
.... be taken as a ground for striking out of the order of dismissal— Sub‑section 6 of section 18 of the Employment of Labour (Standing Orders) Act, 1965— It is obligatory on the part of the employer to take into consideration the gravity of misconduct and the previous record of......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....p required) is 10 weather wording days including Friday & holidays. (k) Demurrage will be payable by day direct to owners account at the rate of Taka 60,000 (sixty thousand) only per day and part thereof. Owners will have the right to exercise unconditional lien on the cargo for any outstan......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
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