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Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......e is also Reported in: 43 DLR (AD) (1991) 34. ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....iples of justice; that the respondent No.10 filed an objection petition before the Returning Officer challenging recounting but without any result that someone with the connivance of the staff of the Deputy Commissioner's office removed the ballot papers of the said 4 centres from the gunny bags......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......
Fazle Hussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Abdur Rouf Mia................................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others .................Respondents
Judgment
May 24, 1990.
Up......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....f the appellant..........(7) Lawyers Involved: Serajul Haq with Dr. Kamal Hossain, Senior Advocates, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. B Hossain, Deputy Attorney‑General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. ......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......nt Judgment May 20, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); Section 498 Cancellation of bail In view of pending case and counter case the learned Judges of the High Court Division did not exercise their judicial discr.............(7) Lawyers Involved: Serajul Haq with Dr. Kamal Hossain, Senior Advocates, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. B Hossain, Deputy Attorney‑General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal Appeal ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....hat notice was issued on 14.6.84 and served on defendant‑petitioner on 17.6.84. In this connection the learned Advocate for opposite party referred to postal receipt Ext. 5 and also a report by the Deputy Post Master General which purport to show that notice was duly served on defendant‑petition......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. ......nsfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be required for a particular purpose. ......ed on 14.6.84 and served on defendant‑petitioner on 17.6.84. In this connection the learned Advocate for opposite party referred to postal receipt Ext. 5 and also a report by the Deputy Post Master General which purport to show that notice was duly served on defendant‑petitioner on 17.6.84. The ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....of the Constitution at the instance of petitioner MA Razzaque calling upon the five respondents, namely, 1. Bangladesh Election Commission, Dhaka, 2. The Chief Election Commissioner, 3. The Deputy Commissioner, Jamalpur and Appellate Authority, Jamalpur District and 4. The Additional ......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. ......huiyan J MA Razzaque .......................................................................................Petitioner Vs. The Bangladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents Judgment April 5, 1990. Result: The Rule is made a......gladesh Election Commission, Dhaka, 2. The Chief Election Commissioner, 3. The Deputy Commissioner, Jamalpur and Appellate Authority, Jamalpur District and 4. The Additional Deputy Commissioner (General) and Returning Officer, Upazila Parishads of Jamalpur to show cause as to why impugned ..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)
.... learned Subordinate Judge and also contended before us by the counsel for respondent No. 1 or from 26.5.1986 as contended by the appellant contractor. 27. The records show that on 17.2.1983 the Deputy Chief Engineer (Construction), Chittagong Port Authority informed the contractor by their let...... 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. ......iction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgment March 28, 1990. Result:...... 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. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....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. ......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. ......sar Ali J Ataur Rahman & others ...............................Appellants Vs. The State.......................................................Respondent Judgment March 12 and 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected fo......e 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 No.10 of 1985. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....ce, be stayed till the disposal of the civil suit. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on- Record- For the Responden......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......DLR (AD) (1991) 118. ......ll the disposal of the civil suit. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on- Record- For the Respondent No. 1. T..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
.... Involved: Aminul Huq, Advocate-on-Record-For the Appellant. Jamiruddin Sircar, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. B. Hossain, Deputy Attorney‑General instructed by Mr. Zinnur Ahmed, Advocate-on-Record- For the Respondent No.......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. ...... (Criminal) Present: M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Azima Begum......................................Appellant Vs. Yusuf Khan (Md) and others ...................Respondents Judgment February 14, 1990. Result: Th......inul Huq, Advocate-on-Record-For the Appellant. Jamiruddin Sircar, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. B. Hossain, Deputy Attorney‑General instructed by Mr. Zinnur Ahmed, Advocate-on-Record- For the Respondent No.2 (State). Cr..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....r has made repeated prayer for bringing the victim girl before this Court again in order to examine her by us. On the prayer of the learned Advocate this Bench passed an order on 2.8.89 directing the Deputy Commissioner, Gazipur and the jailor, Gazipur jail to produce the detenu before us and in pur......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was aged in between 16 and 17 years. Since the Tribunal found her age in between 16 to 17 years at the relevant time, she w......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....this case it will not be fair to deprive the defendants of the right of appeal. Case Referred to- Bangladesh Vs. Zahiruddin, 1986 BLD (AD) 180. Lawyers Involved: AY Salehuzzaman, Deputy Attorney‑General ‑For the Petitioner. TH Khan with M A Wahab Miah, Advocates ‑For ...... 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. ......Petitioner Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as ......not be fair to deprive the defendants of the right of appeal. Case Referred to- Bangladesh Vs. Zahiruddin, 1986 BLD (AD) 180. Lawyers Involved: AY Salehuzzaman, Deputy Attorney‑General ‑For the Petitioner. TH Khan with M A Wahab Miah, Advocates ‑For the Opposite Party..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....grievance........................ (9) Cases Referred to- 40 DLR (AD) 270; Chief Commissioner of Ajmeer Vs. Radheshyani Dhani, AIR 1957 (SC) 304; Munshi Abdul Hoque Vs. Additional Deputy Commissioner, 17 DLR 744; Farid Miah vs. Amjad Ali and others, 42 DLR (AD) 13; Hazrat Al...... 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. ......ue J Ziaul Hoque........................................................................................Petitioner Vs. The Election Commission, Sher‑e‑Bangla Nagar, Dhaka and others ............Respondents Judgment May 30, 1990. Result: The Rule is di...... 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. ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....e contemner No.1 Mr. Manjurul Karim, Jailor, Dhaka Central Jail, Dhaka on 6.4.89. In spite of the receipt of the order of release the contemner No.1 and the contemner No.2 Mr. Mosharraf Hossain, Deputy Jailor (Detention Branch), Dhaka Central Jail, Dhaka wilfully and intentionally did not ......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. ......te—For the Contemner-Respondents (In both the petitions). Contempt Petition Nos. 9 & 10 of 1989. Judgment Mustafa Kamal J. - These two contempt Rules have been heard together and will be disposed of by the same judgment as they arise out of a same transaction. 2. In Con......he 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 of all the Divisions of the Superintendent of Jails in Bangladesh through th..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)
....g the parties, that the said decree is binding on the plaintiff, that the said decree passed in the judgment by the Summary Martial Law Court was executed on 19.4.84 and 20.4.84 through the Deputy Commissioner, that the plaintiff was evicted from the suit land in which he was in wrongful p......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. ......l Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Res......jor Monwar Hossain, son of defendant No.1 A.K. Murshed, being an army personnel managed to have said SCC Suit No.5/70 transferred to Summary Martial Law Court No.25 at Narayanganj on 25.7.83 by Major General N.A. Chisty illegally by gazette Notification No.142 dated 25 July 1983 (published in t..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....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. ......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. ...... Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The c......; 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. Md. Sh..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....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.
...... (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)
....o India in March, 1964 without executing the registered sale-deed in pursuance of the agreement for sale. The defendant No.2 who is the daughter of defendant No.1 filed petition before the Additional Deputy Commissioner (Welfare Mymensingh), defendant No.4 asserting her title to the suit property ......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.......eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen......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...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....
Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued at the instance of petitioner Sukhendra 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, th......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. ......990) 79. ......kept in judicial custody as Advocate Suraiya Chowdhury submitted that she would not keep the said girl in her custody any more. The learned Sessions Judge by his order dated 3.8.88 asked the Director General of Health to take necessary steps for determination of the age of the victim girl. At this s..
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. ......ult: The appeal is dismissed. The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the def...... 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. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
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