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Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
.... order‑sheet of the case we find that for some reasons the prosecution filed an application before the Sessions Judge for exemption of appearance of some of the charge sheet witnesses. Firstly, the prayer was refused by an order dated 27.6.85 but again there was another application by the prosecut......5 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer transportation for life. 2. Prosecution case briefly stated is that Hafizuddin P.W.1 as complainant lodged ejaha......ted from the charge levelled against them and they shall 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) 246. ......ted from the charge levelled against them and they shall 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) 246. ..Category: Criminal Law | Date: | Hits: 106
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....ing upon them. Subsequently, the Suit was transferred to the 2nd Court of Munsif, Barisal and was renumbered as Title Suit No.205 of 1978. Eventually the plaint was amended and the plaintiffs added a prayer for declaration of their title in the suit land. In course of time the said suit was transfer......sal of the suit and restoring the same to its original file and number. 2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Barisal being Title Suit No.479 of 1994, for a declaration that the decree passed in Title Suit No.244 of 1973 is illegal, void and not bindi...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Procedural Law | Date: | Hits: 87
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
.... the petitioner that Magistrate being controlled by the Government he apprehends that he would not be properly and legally dealt with and he has reasons to believe that the Magistrate would allow the prayer for remand made by the police to torture and humiliate him. 5. At the time of issuance of ......R (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K S Hossain, Advocate - For the Informant. MA Rouf, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.1......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......at the instance of petitioner Pranajit Barua elder brother of the detenu Suranjit Barua (Labu) calling upon the state to show cause as to why the detenue Suranjit Barua (Labu) shall not be produced before the Court and order of detention passed against him on, 4-5-1998 shall not be declared void, il......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......udgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of petitioner Pranajit Barua elder brother of the detenu Suranjit Barua (Labu) calling upon the state to show cause as to why the detenue Suranjit Barua (Labu) shall not be produced before the Court and order of detention passed a..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the judgment. On that date second party filed an application to stay further proceedings of the cases to enable it to move this Court under section 526 of the Code for transfer of the cases. The said prayer was rejected and the learned Sessions Judge passed the judgment in those cases opining that t...... Criminal Reference Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending bef......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
....aneous Case No.89 of 1972-73 shows that on the same day i.e. 17-3-73 the Revenue Officer started a Miscellaneous case, with the following order:
"17-3-73. This case is started on the basis of the prayer of the petitioner H.E. Percival for the separation and amalgamation of his landed property on......ich arises out of a pre-emption proceeding under section 24 of the Non-Agricultural Tenancy Act, 1949. The respondents filed application under section 24 of the Non-Agricultural Tenancy Act, 1949 for pre-emption of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by ......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
..
Category: Property Law | Date: | Hits: 128
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....al, copy of which was never served on the lawyers of the petitioners, who were not even informed by the Attorney-General that he was going to approach the Hon'ble Court Chief Justice with any kind of prayer or petition to stop the hearing. It was also transpired that the Attorney-General surreptit......ending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
...., Khulna. Similar other 20 IRO cases bearing Nos. 127 to 146 of 1990 were filed by other Office Assistants and or equivalants who are respondent Nos.3 to 22 in the writ petition, exactly with similar prayer on the same and identical facts as of respondent No.2. 3. That the petitioner contested al......the scale of Taka 400-25-525 EB-30-825 in the New National Scale of Pay (MNSP) of 1997 would be allowed pay in the Scale of Taka 470-35-645 NB-45-915-55-1135 with effect from 1-4-84 in place of their former pay scale. From 1-6-85 Modified National Scale of Pay (MNSP) of 1985 was introduced. The corr......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....equently it was withdrawn. Thereafter, the petitioner’s company made various representation before the Chairman, Board of Revenue stating the alleged facts of their short levy of excise duty with a prayer for cancelling the demand illegally made. Inspite of aforesaid representations, the National ......ure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that the petitioner Company has been carrying on business as manufactu......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....rned Sessions Judge on receipt of the case records, started Sessions Cass No.3 of 1981 against the appellant and 14 others. 4. Thereafter on 2.1.81 the Public Prosecutor filed a petition, with a prayer for according consent for withdrawal of the case in respect of the appellant and another co-a......uered career. On 28.6.71 one Kazi Habibur Rahman and four of his children were killed by gun shot injuries and their house was burnt to ashes. On the same date Kazi Harunur Rashid lodged a First Information Report at Rajapur police station but no names of any accused were mentioned therein. On 12......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...Category: Criminal Law | Date: | Hits: 82
MA Sattar Vs. State, 1997, 26 CLC (HCD)
.... the Court of Senior Special Tribunal Narayangonj where it was registered as Special Tribunal Case No.213 of 1996. The accused petitioner prayed for bail in the Court of Special Tribunal but his bail prayer was rejected by the learned Judge vide his order dated 28-4‑9. 3. Being aggrieved by and......out of Narayangonj PS Case No.5 dated 3‑12‑95 under sections 3/4 of the Explosive Substances Act, 1908. 2. The prosecution case, in short, is that one SI Md. Awal Hossain along with his police force went to Nimtali area of Narayangonj on 3‑12‑95 and then a few miscreants threw cocktail to......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258...Category: Criminal Law | Date: | Hits: 90
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....89 of 1996 issuing an Order of status quo restraining the construction of the school building till disposal of the suit. 2. The petitioner instituted the above suit for permanent injunction with a prayer for temporary injunction for restraining the defendant opposite party from executing any docu......ar, Noakhali, in Title Suit No.289 of 1996 issuing an Order of status quo restraining the construction of the school building till disposal of the suit. 2. The petitioner instituted the above suit for permanent injunction with a prayer for temporary injunction for restraining the defendant opposi......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....s and for time. How such communication can be contemptuous is not understood. Nothing was said about any record nor anything about the proceeding. Simply an information concerning his illness and prayer for time was made. 11. Next it is said that he deliberately misled a lawyer into making a ......e aspects of the entire episode requiring deliberation by this Court. 2. Facts of the case as stated in the judgment are quite adequate to understand the issues involved. 3. To commit someone for contempt of Court and punish him for it, if found guilty, is the inherent power of a Court of re......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....e noted that the learned Single Judge of the High Court, has clearly pointed out, that the Court of appeal below totally misconceived the onus in this particular case. The plaintiffs have come with a prayer for setting aside a kabala, executed by Ashrafjan, a purdahnasheen lady, in favour of the app......laintiffs, on enquiry, had the knowledge of the kabala on 9-7-61. They say that she did not execute the kabala, another thumb impression might have been taken in her unconscious state, as she was ill for four or five months before her death. She was an illiterate, and a purdahnasheen lady. The attes......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
....to the effect that the designated respondents would shower water on the greenery around the monument or deploy any personnel to protect the same. So, the petitioner cannot lay any claim on these. Its prayer to that effect, is hence, bound to founder.
For the reasons stated as above, the Rule is m......72 2 ALL E R 589); Attorney General of Hongkong Vs. Ng Yuen Shin (1983 2 AC 629); Council of Civil Service Unions Vs. Minister far the Civil Service, GCHQ case (1985 AC 374); R Vs. Secretary of State for Home Department, ex parte Zegiri (2002 U K H L 3); R Vs. Secretary of State for Home Department,......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
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Category: Civil Law | Date: | Hits: 218
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....g complicity of the appellant in keeping the explosive. 9. P.Ws. 8-9 Md. Abdur Razzaque and Rezanul Huq respectively two local seizure list witnesses stated that on 9.12.2006 at the time of Magrib prayer, some books and cassettes were recovered from the house of the appellant. P.W. 10 Shahjan Ali......rique Aziz ... .......Appellant Vs. The State ... ........Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....আমি গ্রাম্য ডাক্তার বা আমি মাঠে যাই না।” The plaintiff instituted the suit for declaration and confirmation of possession with the prayer the relevant of which is quoted where under: “বাদী পক্ষ করেন ......te Parties. Civil Revision No.697 of 1997. Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment......ed Advocate finally submitted that the plaintiff may be given an opportunity to seek appropriate remedy against the Khatian appearing in the name of Kartik and the orders passed in preemption case, remanding the suit to the Trial Court. The learned Advocate on the date of judgment has handed ove......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
....ামান্য হাইকোর্ট বিভাগের নির্দেশনা-২
32. Prescribe ways to accommodate increasing number of people who visit the mosque to offer their prayer.
কমিটির পর্যলোচনা ও পর্যবেক্ষণ নি......d.
This Case is also Reported in:
......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 159
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....the said forwarding the Chief Metropolitan Magistrate by his order dated 31‑3‑1990 allowed the accused on remand for 3 days. On 4‑4‑1990 the accused was again produced before the Court with a prayer for 5 days remand and on consideration of the prayer and the gravity of the offence the Court......991 with Jail Appeal No.2197 of 1991. Judgment Mohammad Fazlul Karim J.- This Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Dhaka for confirmation of the sentence of death by hanging by the neck imposed upon the condemned‑prison......d under section 19(1) of the Narcotics Control Act 1990 and after preliminary interrogation the accused was taken to their custody and the accused who is a foreigner is required to be interrogated by remanding him to their custody for 7 days in connection with the recovery of heroin in order to unea...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....302/380 of the Penal Code on 30-11-80. One of the co-accused made a confession implicating appellant No.1 Abdul Gafur Sarder. The confession was, however, subsequently retraced. 4. Appellants' prayer for bail was rejected by the Sessions Judge, Bogra. Thereafter they moved the High Court Divi...... case is that the accused persons are innocent and close relations of the deceased and that they have been falsely implicated in the case out of enmity and that they were not mentioned in the First Information Report as accused. 3. After completing investigation police submitted charge-sheet agai......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..Category: Criminal Law | Date: | Hits: 97
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