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Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....ant for the school for financial year 1981‑82 and a specific time was given for its utilization, that is for the repair and development of the school, but from the evidence on record including some resolutions in the Resolution Book seized in this connection, it transpires that the accused appella......ct, express or implied, which he had made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust." And then submits that there is no dispute that the accused appellant was entrusted with the alleged money. Now, the only question is w..Category: Criminal Law | Date: | Hits: 92
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ...... of the Electoral Roll the whole process of election will be delayed. I am of the opinion that bar imposed on a Court cannot be construed to be a bar upon a tribunal, which, when deciding an election dispute can very much see the validity of the entry made in the Electoral Roll as it goes at the ver..Category: Election Law | Date: | Hits: 156
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......itioner for winding up the company and denying the material allegations, the respondent has stated that the petition has been filed as a pressure tactics to recover the so-called dues which is highly disputed by the respondent Company. It has been stated that the respondent company is a well reputed..Category: Company Law | Date: | Hits: 168
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ...... question of various deeds field in the support and against the Waqf and referring the same to the civil Court by the Waqf Administrator is also not sustainable in law in view of the fact that if the dispute as to the Waqf character of the property is raised either before or at the time of enrolment..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......oresaid reported case the Bengali version of the relevant provision of the Constitution was not brought to their Lordship’s notice by Dr. Kamal Hossain. The constitutional provision is this, if any dispute in between English version and Bengali version of the Constitution arises, then the Bengali ..Category: Constitutional Law | Date: | Hits: 200
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....vide- (i) housing accommodation, or (ii) buildings for public use and convenience, or (iii) an adequate water-supply, or (iv) a drainage and sewerage scheme, The kartipakkha may pass a resolution to that effect and may then proceed to frame an improvement scheme. 45. Preparation, p......JUK with regard to auction of property owned by RAJUK. It has also be stated that in the master plan RAJUK his not specified the plot in question as car park rather in the subsequent lay out plan the disputed plot was shown as car park. Later, considering the commercial need RAJUK decided to divide ..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239....... under the Code of Criminal Procedure have a responsibility to prevent a disturbance of public tranquility or an affray or a riot and can also take appropriate action on receipt of information that a dispute likely to cause a breach of the peace exists concerning any land or water which includes bui..Category: Civil Law | Date: | Hits: 56
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ...... paying the monthly charter fee for more than 3 months and by forcing the crews of the vessel to navigate beyond navigable hours and to carry goods beyond the capacity limit endangering the vessel, a dispute arose between the parties. The petitioner company in that circumstances took control of the ..Category: Civil Law | Date: | Hits: 97
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......s nothing to disbelieve him. Along with this, we may take into consideration the defence plea which in fact goes to a great extent to support the prosecution story of occurrence. The defence does not dispute the fact that the deceased Akram, Ali and injured Abdur Rahman P.W.3 were injured in the occ..Category: Criminal Law | Date: | Hits: 73
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....id before the Parliament at its first meeting following its promulgation and it shall, unless it is earlier repealed, cease to have effect at the expiration of 30 days after it is so laid or, if a resolution disapproving of the same is passed by the Parliament before such expiration. In any view......shall be effected only under, and by the authority of, the Constitution and no Government is empowered to exercise its power by contravening the provisions of the Constitution. 39. There is no dispute regarding, and the learned Attorney‑General has not disputed, the proposition set forth b..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......jettisoning, declared general average. The present plaintiff met up the claim of the pro forma defendant No.9 and being subrogee instituted the present suit for the aforesaid declaration. It is not disputed that the cargoes of the importer were loaded at the port of Singapore and then the vessel w..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......ity of four to one it is final and no case against such order lies before the learned Munsif under section 8 of the aforesaid Ordinance. Although a petition before the Village Court relating to civil dispute under Part‑II of the Ordinance enjoins the petitioner to put valuation of the claim regard..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......nged by the opposite parties. The only witness examined on behalf of the opposite party (Government), who was an employee of the government, said that he had no knowledge of the subject-matter of the dispute. In course of arguments the learned Additional Government Pleader and Assistant Government P..Category: Alternative Dispute Resolution | Date: | Hits: 147
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......n answers the argument of Mr. Abdur Razzaque who drew our attention to section 11 and Rule 8. In Kazi Amirul Islam the Appellate Division observed that the learned Judge rightly held that there is no dispute I that the Government is competent to curtail the jurisdiction of any Union and declare any ..
Category: Civil Law | Date: | Hits: 83
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......nt reason. While reversing the finding as regards consideration the court of appeal below has considered the evidence of D.W.2. This is a funding of fact and this revisional Court is not competent to dispute the said finding of fact as this court does not find any evidence to justify interference wi..Category: Property Law | Date: | Hits: 65
....t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300....... name of Suresh in SA Khatian is evidently wrong and without any foundation whatsoever and the same cannot affect the plaintiffs right, title and interest in the suit property and any way there is no dispute to the proposition that the CS Khatians has a presumption of correctness under section 103(b..
Category: Property Law | Date: | Hits: 102
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......ovides that the learned Magistrate after inquiry by taking evidence of both the parties and considering documents, if any, shall decide as to which of the parties was in possession of the property in dispute at the time or starting of the proceeding under section 145 Cr.P.C. But in the facts and cir..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......al by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 are illegal and for recovery of poss..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......mber of the District Committee and Vice President of Thana of Jatiotabadi Jubadal, Youth Wing of the BNP In support of the said assertion informant has annexed some certificates. 6. Apart from the disputed question as to whether informant belonged to the ruling party or the opposition party the f..Category: Criminal Law | Date: | Hits: 84
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......s back and caused bleeding injury. The victim was taken to Gafargaon Hospital where he succumbed to his injuries at about 11-00 AM. Accused Ismail is full brother of the victim. As a result of family dispute over property, the victim was murdered by him. After investigation, charge sheet was submitt..Category: Criminal Law | Date: | Hits: 74
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