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Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......lf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......that no poison was found in the viscera which was sent for chemical examination. Some of the local witnesses also stated that they saw marks of injuries on the body of the deceased. So, as regard the question whether the death was a murder or suicide, this much is clear that it was not a suicide. ..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....iminal Procedure. The petitioner has claimed protection against fundamental right guaranteed under Article 43 of the Constitution to the privacy of the correspondences and in particular papers in his possession in the course of his discharging of his professional duties as a lawyer and Advocate of t......out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
...... the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
......out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
.... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
......ondent No. 3 Md. Fazlul Huq Gazi and respondent No. 4 Mozammel Hoque are respectable persons of the locality; that they have established the said School in the year of 1967 and have donated money and land for the purpose and in recognising of their contribution they were nominated as founder member ......stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....t, the petitioners as complainants instituted a suit in the court of the Senior Assistant Judge, Jamalpur being Other Class Suit No. 184 of 1987, praying for declaration of title and recovery of khas possession in the suit property and eventually obtained an ex parte decree therein on 18-4-98. There......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......………… Petitioners Vs. Quyum Khan and others………………………Opposite Parties Judgment July 12, 1998. Case Referred To- Bijoy Krishna Paik and another Vs. Mamtazuddin Sk, 12 DLR 63 (4). Lawyers Involved: Not represented— the Petitioners. Md. Jahurul Isl......ng the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under section 151 of the Code of Civil Procedure has been called in question. 2. Short facts relevant for the purpose of the case are that, the petitioners as compla..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ...... in view of the definition of the word ‘যৌতুক’ in section 2 (cha) of the Ain the above allegations constituted any offence under section 11 of the said Ain. 7. To resolve the above question we are to look back to the legislative history. Curse of dowry in our country is of recent ..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......ction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......of Bangladesh in Civil Petition for leave to appeal No.438 of 1997. Their Lordships of the Appellate Division also affirmed the decision of this Division and directed that the said Trade Mark Suit in question should be heard and disposed of by trial Court in accordance with law. But unfortunately, f..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
.... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......e respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......, Mymensingh. 3. In both the Rules respective petitioners/ petitioner were/was enlarged on anticipatory bail on the date of issuance of the respective Rule. Both the Rules having involved common question of law are being disposed of by this Judgment. 4. Informant Roni Akhter lodged FIR on ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
.... void, without consideration and not binding upon the plaintiffs. The plaint case is that the plaintiffs are the owners of the land by succession from their ancestor Charag Ali. The plaintiffs are in possession of the suit land and they have recently come to know that the predecessor of the plaintif......tle suits for declaration that two kabalas are forged, false, fraudulent, void, without consideration and not binding upon the plaintiffs. The plaint case is that the plaintiffs are the owners of the land by succession from their ancestor Charag Ali. The plaintiffs are in possession of the suit land...... Vs. Shahidullah and others.........................Respondents Judgment March 15, 1998. Result: The petitions are dismissed. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate Mohammad Ozair Farooq, Advocate with him) instructed by Md. Nawab Ali, Adv...... defendants willfully suppressed the said documents from production in court. The broad fact remains that the trial court also accepted the certified copies of the kabalas. 6. With regard to the question of possession it may be stated that the trial court found that the plaintiffs have no ..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)
....ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464.......ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464.......ce of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464....... Revision No.1315 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the complainant arising out of an application under section 439 of the Code of Criminal Procedure calls in question the judgment and order dated 22-8-1995 passed by the Sessions Judge, Gopalganj in Sessions ..Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......no hesitation in holding that death of the victim was not due to any illness but was due to injury sustained by her. Hence it was not a case of natural death but was a homicide. 17. Now the next question is, who has caused the homicide of the victim Sukitan in the house of her husband accused A..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....ved the offer and encashed the Bank draft on 5-6-1986. Subsequently, verbal assurance was given to respondent No.2 to execute and register the sale deed as early as possible. Respondent No.1 being in possession of the suit property had to wait because of such verbal assurance of the officials of the...... defendant contends that the finding was wrong both on fact and law, leave was granted to consider the said contention. Plaintiff’s case, briefly, is that, the schedule property comprising land and building being holding Nos. 9 and 10 Old Bank Road, and 13 of B Das Road, Narayanganj compr......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others………......ce of the defendant arises out of a suit for specific performance of contract for sale of the suit property, Title Suit No.34 of 1991 of the (new) Court of Subordinate Judge, Narayanganj and the moot question for consideration is whether the trail court and the High Court Division in appeal, FA No. ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......custody of the petitioner No.1. If the petitioner No.1 is set free, it will prejudice the application made by the father of the petitioner No.1 in her custody. 5. The present Rule relates to the question of the petitioner's No.1 detention in Moulvibazar Jail. It appears that the petitioner No.1..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
....his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......ing the affidavit in opposition in this case. As to the next contention of the learned Advocate for the petitioner that the alleged incidents mentioned in the affidavit in opposition merely created a question of law and order and not of public order. From the affidavit in opposition it appears that ..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....properties and liabilities and such information relating thereto as may be required by the order. When this information is given and the Deputy Commissioner is satisfied about the illegal and corrupt possession of the person concerned the proceeding under Regulation 11 can be initiated. Regulation 7......ried under the present Martial Law Regulations. In interpreting a penal statute which is made effective retrospectively reference may be made to paragraph 645 at page 425 of Halsbury's Laws of England, volume 38, Third Edition which runs thus: "The presumption against retrospection app......trate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ...... in the contention of the learned Deputy Advocate General Mr. Wahab that the offence committed at any historical point of time can be tried under the present Martial Law Regulations. 8. The next question comes as to the ouster of Jurisdiction of this Court, as soon as an allegation is brought u..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing the petition and other materials on record submitted that petitioners being in possession of the house on the basis of purchase by petitioner No.1 Mrs. Nurunnahar Begum from the o......uestion to Mr. Shawkat Sadullah in whose favour a travel permit was issued by the Director of Immigration and Passports, Bangladesh on 3‑3‑1972 for travel to India, UK, France, Italy, Belgium, Holland, Switzerland and Federal Republic of Germany. He sold the property in question by registered sa......o.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ...... the house on the basis of purchase by petitioner No.1 Mrs. Nurunnahar Begum from the original owner Mr. Shawkat Sadullah and her name having been mutated and she having orally gifted the property in question to the other petitioners and the Joint Survey Team of the Abandoned Property Management Boa..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
....89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ...... circumstances he was compelled to sub‑let the suit premises to defendant No.2. 4. Case of defendant No.2, as made out in his written statement, appears to be that one Abdul Habib Khan was the landlord of the suit property and Abdul Malek was the tenant under him. On the death of said Abdul M...... Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ...... Rahman with Nasrin Parvin, Advocates ‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No.1797 of 1992. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 8‑6‑92 passed by the Assistant Judge, 1st Court, Dhaka allowing the app..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
..... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......d the accused for the purpose of deciding whether the case should be taken up for trial or not and then decided that he would not take cognizance in the matter. 9. As the said Court has kept the question of cognizance open it will be fit and proper that the matter be heard by the said Court afr..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ...... in Chittagong LA Case No. 18 of 1995-96 under section 3 of the Acquisition and Requisition of Immovable Property Ordinance (hereinafter referred to as “the Ordinance”) and the proceedings of the land acquisition case itself. The LA Case relates to acquisition of 0.7235 acre of land of BS plot N......8) 15. ......e said LA Case, the purpose for acquisition of the land relates to construction of residence of judicial officers and notice under section 3 of the Ordinance was served in the locality of the land in question. According to the petitioner, he had set up a dairy and poultry farm on his land after taki..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......pellant from the judgment and order dated 8-2-96 passed by a Division Bench of the High Court Division making the Rule absolute in Civil Revision No. 3934 of 1994 concerning whether the Court in England or the Court in Bangladesh has jurisdiction over an arbitration in terms of an Agreement betw......………………............Respondent Judgment May 8, 1997. Result: The appeal is not allowed. Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C......0 of 1996. (From the Judgment and order dated 8-2-96 passed e High Court Division in Civil Revision No.3934 of 1994) Judgment Mustafa Kamal J.- What started as a limited question of law in this appeal by leave by the opposite party-appellant from the judgment and order..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
....alling upon the respondents to show cause why they shall not be directed to exclude the property being Holding No.10-B, 11-8 Mirpur Housing Estate from the list of Abandoned Properties and to restore possession of the same to the petitioner by evicting the present occupants upon implementing the ord......-10-B), Dhaka, of the Court of Settlement, Dhaka or pass such other or further order or orders as to this Court may seem fit and proper.
2. Facts, in short, as stated in the petition are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by the then ......Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148.......Hamid transferred the said property to the present petitioner by a kabala dated 15-3-1967 and that since purchase while owning and possessing land he was evicted by the miscreants from the holding in question on 27-4-1972. That having been evicted the petitioner made representation to the appropriat..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
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