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Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ...... Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (SC) 86; Komarmal Gurudayal Vs. Sagorma Bergani...... registration of the sale deed and accordingly she executed and registered it on 28.8.86 in the name of the 3 sons of the defendant. It was further alleged that the plaintiff’s mother obtained a signature from the document on a for payment of Taka 8,00,000.00 on 24.8.86 and the same has now been t..

Category: Procedural Law | Date: | Hits: 125

Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)

....tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......annaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......a through P.W.10 constable Md. Shamsul Islam. P.W.11 Dr. Md. Shamsul Hoque held the autopsy on the dead body and he found ten injuries which, according to him, were all ante‑mortem and homicidal in nature. PW12 Arun Kumar Bala after investigating the case submitted charge sheet against the accused..

Category: Criminal Law | Date: | Hits: 139

Deputy General Manager, Rupali Bank Limited and another Vs. Nazrul Islam Patwary and others, 1992, 21 CLC (HCD)

.... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406.......rder as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406.......ied, but does not include any such person. (i) Who is employed mainly in a managerial or administrative capacity, or (ii) Who, being employed in a supervisory capacity exercises either by nature of the duties attached to the office, or by reason of power vested in him functions mainly of..

Category: Labour and Industrial Law | Date: | Hits: 233

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ...... appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......her stated that the confessional statement was read over to Nowsher and he having understood the contents thereof put his signa­ture in his presence. The confessional sta­tement marked Ext.I and signature marked 1-5. Appellant Nowsher in his confessional statement narrated the entire occurrence fr..

Category: Criminal Law | Date: | Hits: 134

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......ditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......ated to Halima Khatun having Intimate relations as friends and she made other allegation against the investigating officer also. 5. The petitioner also requested the aut­hority for sending the signature of the alleged executor to the handwriting expert which was ignored, whereafter, the petition..

Category: Criminal Law | Date: | Hits: 117

Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)

.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......DLR (HCD) (1987) 105....... a question of mere mistake or mathe­matical or clerical error. The judgment-debtor Nos.3-7 will get out of ambit of the decree if the relief as prayed for is allowed, but when the facts are of this nature such a relief cannot be acceded to under section 152 read with section 151 of the Code of Civ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 360

Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)

....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......arties Judgment December 1, 2002. Result: The Rule is made absolute. Cases Referred to- Abdul Hashem Vs. Chairman National Board of Revenue, Dhaka and another, 32 DLR 55; Altaf Hossain Vs. Md. Abdul Rahim and others, 51 DLR 527; AK Joinul Abedin Vs. Sayeeder Rahman and others, 1982...... ordinarily interfered with by the Court, yet when the order of suspension is prima facie found to be tinged with malafides and is violative of the established rules and norms and it is oppressive in nature, the Court is certainly competent to strike down such an order of suspension, as a malafide a..

Category: Employment/Service Law | Date: | Hits: 194

ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)

....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......oval to recognition is not an absolute one, but subject to the discretion of the Government. The Government may exercise such discretion either by according or withholding the approval. A writ in the nature of mandamus can in no case be issued to compel the manner in which the discretion is to be ex..

Category: Others | Date: | Hits: 154

Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)

....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ...... Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......used by blunt weapon. IV. There was swelling of the upper part of the right tibia. There was fracture of the tibia seems to have been caused by blunt weapon. The above injuries were grievous in nature. V. There was another injury in the left forearms which was 3" X I" X 1/2 incised seeme..

Category: Criminal Law | Date: | Hits: 148

Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)

.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......is also Reported in: 44 DLR (HCD) (1992) 552.......tisfied to hold that the deed of agreement dated 15.8.71 Ext. 4 was not executed by the defendant No.1 but that it was prepared in the last part of July, 1972 by using a blank stamp containing the signature of the defendant No.1 by antedating the document as of 15.8.71 and also that the earnest mone..

Category: Procedural Law | Date: | Hits: 130

Ator Ali and others Vs. State, 1989, 18 CLC (HCD)

....iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......ue should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......e wound was 48 hours and it was a male leg. According to his opinion, the male right limb was separated from the upper part by a sharp cutting instrument. The wound was ante­-mortem and homicidal in nature. 21. P.W.22 ASI Abdur Razzak stated that he recovered one leg which was identified by the ..

Category: Criminal Law | Date: | Hits: 145

Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)

....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......nt. Ramendra Kumar Majumder, Advocate - For the Res­pondent. Second Appeal No.163 of 1979. Judgment Nurul Huque Bhuiyan J. - This appeal arises out of a suit for establish­ment of title in respect of one 3rd share of the suit property and for petition of the suit pro­perty for getting......s joint, and the burden rests upon any one asserting that any item of property is joint to establish the fact. But where it is established that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may have b..

Category: Property Law | Date: | Hits: 111

Chairman, Chittagong Port Autho­rity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)

....t, the Rule is made absolute without any order as to costs and the impu­gned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......­gned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......om, a Labour Court." 14. This section 36 is the only provision in the enters I.R.O. which lays down the procedure and powers of Labour Court in the matter of dispute of cases of civil and criminal nature. For the purpose of trying offences under the I.R.O. the Labour Court shall have the same pow..

Category: Labour and Industrial Law | Date: | Hits: 204

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542....... information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542.......d merely as licensee and they provided no consideration to the Government for their occupation of the land. So, they could not have acquired any right, title or interest in the suit land of a durable nature. Secondly, and more importantly, as we have stated above the Ministry of Health has no existe..

Category: Procedural Law | Date: | Hits: 146

GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......nding the plaint it has been alleged that the defendant in violation of the terms of the agreement constructed Semi Pucca structures in the vacant Space, Unauthorizedly, and thereby the resi­dential nature of the suit premises has been convert­ed into commercial and, as such, the tenant is liable ..

Category: Tenancy Law | Date: | Hits: 190

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......ff, being able to seek further relief than a mere declaration of title, omits to do so." 17. Upon perusal of section 42 of the Specific Relief Act it appears to us that to get a declaration of any nature the plaintiff is required satisfy the Court that they have got legal character or any right t..

Category: Property Law | Date: | Hits: 118

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......der of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ...... is guided by the provision of sections 138 and 141 of the Negotiable Instruments Act. Nowhere in these sections or other sections of this Act is mentioned that joint trial of the transaction of same nature and between same parties is not permissible rather is no provision of single trial in this Ac..

Category: Procedural Law | Date: | Hits: 114

Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)

....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......own the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......ers and documents for pension and lump grants on 28-2-2007 and the accused claimed Taka 10,000 but the informant refused to give bribe and as such the accused kept the papers without putting his sig­nature there in and on 12-3-2007 informant informed RAB personnel in the camp and thereafter the inf..

Category: Criminal Law | Date: | Hits: 87

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......thout lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into custody in execution of an order of detention passed by the Government on 3.12.91 under the signature of a Senior Assistant Secretary of the Ministry of Home Affairs under section 3(1) (a) of the..

Category: Constitutional Law | Date: | Hits: 299

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ppellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ...... on the basis of a forged document created for the purpose of this case to harass the accused. It is pointed out on behalf of the complainant opposite party that apparently with a view to deny his signature in the Chuktipatra (agreement) the accused has started signing his name in the vokalatnama, e..

Category: Criminal Law | Date: | Hits: 362