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Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)

....n the legality and propriety of the Judgment and decree dated 30.6.88 passed by Subordinate Judge, 4th Court, Dhaka in Title Appeal No. 20987 affirming the judgment and decree dated 30.6.87 passed by Assistant Judge, 6th Court, Dhaka in Title Suit No.13 of 1985. 2. Facts giving rise to this Rul......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ..

Category: Property Law | Date: 5 Apr, 1990 | Hits: 74

MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)

....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......e the respondent No.3, the Deputy Commissioner, District Jamalpur (Des­ignated Appellate Authority) and respondent No.4, the Additional Deputy Commissioner (General), Ja­malpur (the Returning Officer for the election of Chairman of the, Upazila Parishads of District Jamal­pur) were direc..

Category: Election Law | Date: 5 Apr, 1990 | Hits: 110

M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)

.... the impugned Judg­ment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ...... the impugned Judg­ment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......s their intention to appear on receiving notice from the Arbitrator. 11. The record shows that the appellant ­contractor by letter dated 5.11.1986 appointed Mr. Md. Aflatoon, Chief Personnel Officer (East) Ban­gladesh Railway, Chittagong as sole Arbitrator and the latter entered into re..

Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

..........(28) Case Referred to- State Vs. Mokbul Hossain, 37 DLR 157 Lawyers Involved: Fazlul Karim with Kazi Anwar Hossain, Advocates ‑For the Appellants. AKM Shamsul Karim, Assistant Attorney General ‑For the State. Criminal Appeal No.121 of 1985 with Govt. Appeal N......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......his Magreb prayer. 16. P.W.8 Md. Shajahan Howladar is a constable who escorted the dead body of Rafiq to Munshiganj Morgue for post mortem examination and identified the dead body to the Medical Officer. 17. P.W.9 Md. Shamsul Kabir is the OC of Munshiganj PS and he investigated the case. ..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......Government (Union Parishad) Ordinance, 1983; Section 7(2)g Contract Act, [XII of 1872]; Section 62 A candidate in an election of Union Parishad can be declared disqualified by the Returning Officer on the ground that he had defaulted in making payment of certain installments of loan taken ..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)

....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..

Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......d other three were of Yaskawa Company of Japan. 3. Upon filing the FIR a case under section 379 of the Penal Code read with section 16 of the Special Powers Act was started and the Investigating Officer got an information that Ghatail Police seized 4 electric motor pumps and arrested 3 persons ..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

....ty in dispute, that is, item No.1 of Sched­ule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......ty in dispute, that is, item No.1 of Sched­ule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......ke up the shortfall from his own sources Accordingly, defendant No.1 entered into an agreement dated 6 December 1983 with the appellants for sale of the property for Tk.6.00 lakh only. The Authorised Officer of Bank signed the Agreement as one of the witness. In terms of the Agreement, the appellant..

Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......o witnesses the trial Court discussed the same at length and held that since they are close neighbours belonging to the same Hindu communi­ty reliance cannot be placed upon them. The Inves­tigating Officer stated that the two witnesses namely, P.Ws.7 and 8, at the time of making statements under s..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

....defendant‑petitioners, submits that the causes of delay of 73 days in filing the appeal in the Court of the District Judge have further been explained before this Court by AY Nasiruddin Ahmed. Head Assistant, Revenue Munshikhana, Dhaka Collectorate in his supplementary affidavit dated 7 June, 1989...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......LR (1991) 84. ..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... on 15.2.90 Electoral Roll was finally published show­ing the said two unions under Nabinagar Upazila (Annexure 'D'); that on 22.2.90 the Deputy Com­missioner directed Upazila Nirbahi Officer to take ac­tion in pursuance of aforesaid notification dated 4.11.89 (Annexure 'C..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)

..... The two contemners have brought our atten­tion to 3 annexures containing the Government or­ders and representations by authority thereto. By Memo No.1017(Security-1) dated 7.2.87 the Senior Assistant Secretary, Ministry of Home Affairs ad­vised the Deputy Inspector General of Prisons o......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ..

Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......y Military Court No.25 in spite of application has not sup­plied the plaintiff with the report regarding the fate of the SCC suit No.5/70, that defendant No.1 with the help of the Upazila Nirbahi Officer, Narayanganj with police force and many unknown people dam­aged the do-chala tin-hut, do..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

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

....eal No.638 of 1987 along with Suo motu Criminal Revision No.457 of 1987. Judgment Anwarul Hoque Choudhury J.- This appeal is directed against the judgment and order passed by Mrs. N.A. Sultana, Assistant Ses­sions Judge and Special Tribunal, 1st. Court, Faridpur dated 28.6.87 convicting the a......not wanted in connection with any other case. The suo motu Rule for enhancement is dis­charged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......not wanted in connection with any other case. The suo motu Rule for enhancement is dis­charged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....DLR 316; 32 DLR 227; Shafali Begum and another Vs. The State, 1 B.C.R. (1981) 105; S.C.R.1979 (Vol) page 417; Abdur Rouf and others Vs. The State, 38 DLR 197. Lawyers Involved: S. A. Hasan, Assistant Attorney General with Sajjad Ali Chowdhury, Assistant Attorney General—For the State......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......t the dead bodies to Bogra Morgue through constable No.662 Tofazzal and constable No.416 Jobed Ali and Constable 607 Abdul Khaleque on identification of the dead bodies by him. The Investi­gating Officer prepared the sketch map of the place. Accused Hazrat Ali made a statement before him whereup..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others Vs. Sohrab Ali, 1989, 18 CLC (HCD)

....Mannan Advocate ‑ For the Opposite. Civil Revision No. 275 of 1986 Judgment Muhammad Ansar Ali J. - This Rule calls in question an order dated 28.12.85 passed by the learned Munsif (Assistant Judge), Upazila Court Iswardi, District‑Pabna in Other Class Suit No. 98 of 1984 rejecti......order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ......order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ..

Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......singh), defendant No.4 asserting her title to the suit property and seeking aid for getting possession by evicting the plaintiff there from. The defendant No.4 sent the petition to the Sub-Divisional Officer, Sadar (North) for enquiry and after enquiry the relevant Magistrate directed the plaintiff ..

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......a Chandra Das under section 491 Cr.P.C. calling upon the Secretary, Ministry of Home Affairs, the Deputy Commissioner Narayanganj, the Special Tribunal, Narayanganj, The Jailor, Narayanganj Jail, the Officer-in-Charge, Araihazar Police Station, District Narayanganj, accused Md. Shahidul Islam, accus..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ......ttagong sufficient number of godown-keepers and godown chowkiders should be posted round the clock at the breaking site of the ship at the importer's own shipyard at Bhatiari, Chittagong; and that an Officer of the Bank would supervise the work of godown-keepers, godown chowkiders and the peo­ple e..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....accused appellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Judge, Chittagong Division, Chittagong. 2. One Md. Sekandar Ali, Assistant Inspector, D.A.B, Rangamati, Chittagong Hill Tracts lodged a First Information Report with......der of conviction and sentence passed by the Additional Di­visional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......to 4120, 4214 & 4215. But the appellant instead of depositing the amount to the Pourashava misappropriated. Upon such allega­tions Kotwali P.S. Case No. 6(10)80 was started and the Investigating Officer after investigation of the case submitted a charge sheet on 25.6.1982 against the appellant ..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32