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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. ...... Islam Chowdhury J Abdul Momen Bhuiyan…………………………………….Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment March 5, 1990. Result: ......ad Abdur Rouf J Badrul Islam Chowdhury J Abdul Momen Bhuiyan…………………………………….Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment Mar..

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

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. ......e within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person can not be convicted under section 16 for committing theft of such property…&hel...... High Court Division (Criminal Appellate Jurisdiction) Present: A M Mahmudur Rahman J Anisuzzaman alias Anis @ Alinur Rahman @ Peara .............................Appellant Vs. The State ...................................................................................

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 ......ember 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not ......Shahabuddin Ah­med J MH Rahman J ATM Afzal J Mustafa Kamal J Momin Miah & another…………………………………………………………Plaintiff-Appellants Vs. Moinuddin Hossain & another…………………………….Defendants-Respondents ..

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

Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)

.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... Case is also Reported in: 43 DLR (1991) 82. ...... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Abdur Rouf J AKM Sadeq J Moynul Hasan and others...................................Petitioners Vs. Nazmul Haq @ Nazmul Hasan and others.............Opposite Parties Judgment Novemb..

Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219

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. ......ondents Judgment August 16, 1989. Result: This appeal is dismissed. Cases Referred to- Firoza Begum Vs. Hormuz Ali & another, 40 DLR 161; Abdul Halim Mollah alias Monohar Mollah and another Vs. The Member, Appellate Tribunal, Dhaka and others, 34 DLR (AD) 309; Abbas Bahara and ...... 349. ..

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

Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

.... Revisional Jurisdiction) Present: Latifur Rahman J Md. Mozammel Hoque J Manindra Kumar Malakar................................................Petitioner Vs. Secretary, Ministry of Home Affairs & others ................Opposite Parties Judgment August 14,......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......ision (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Md. Mozammel Hoque J Manindra Kumar Malakar................................................Petitioner Vs. Secretary, Ministry of Home Affairs & others ................Opposite Parties Judg..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

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

....nsidered and comparatively speaking in the case of the Government in such matter various authorities, formalities and complications including allocation of budget and sanction of fund by the relevant Ministry under a particular head are involved and as such Government requires longer time in making ...... 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 ......n (Civil Revisional Jurisdiction) Present: Fazle Hossain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J Circle Officer, Sutrapur.....................Petitioner Vs. Mohammad ...................................Opposite Party Judgment August 9, 19..

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

Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)

....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ...... This Case is also Reported in: 43 DLR (1991) 77. ......1991) 77. ..

Category: Property Law | Date: 2 Aug, 1989 | Hits: 78

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

....e Local Gov­ernment (Upazila Parishad and Upazila Administra­tion Re‑organisation) Ordinance, 1982 by notifica­tion published in the official Gazette on 6.11.89 by the Deputy Secretary, Ministry of Local Govern­ment, Rural Development and Co‑operatives. The petitioner has not imp...... 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......ent: Fazle Hussain Moham­mad Habibur Rahman J Kazi Ebadul Hoque J Ziaul Hoque........................................................................................Petitioner Vs. The Election Commis­sion, Sher‑e‑Bangla Na­gar, Dhaka and others ............Re..

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

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

....lenging the order of detention of his father Anukul Chandra Banik dated 31.1.89 issued by the District Magistrate, Jessore under section 3(2) of the Special Powers Act, 1974, later on approved by the Ministry of Home Affairs by Memo dated 8.2.89 under section 3(3) of the Spe­cial Powers Act, 197......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......aka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J AK Banik & Khokan Kumar Saha.................Petitioners (In both the petitions) Vs. M. Karim, Jailor, Dhaka Cen­tral Jail, Dhaka & another...................Respondent..

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. ......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......t Division (Civil Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment M..

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......l Appellate Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Habibur Rahman Khan J Hazrat Ali & Abdur Rah­man...............Condemned Prisoner & Appellant Vs. The State.........................................Respondent Judgment April 26..

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)

....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. ......igh Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others........Petitioners Vs. Sohrab Ali ...............................................................Opposite Party ..

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.......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...... Court Division (Dhaka Bench) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Dalil Uddin Ahmed J Niropoma Ritchel..............................................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgm..

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)

....l Revisional Jurisdiction) Present: Fazal Hussain Mohammad Habibur Rahman J Mahmudul Amin Chowdhury J Sukhendra Chandra Das..........................Petitioner Vs. The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties Judgment D......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. ...... (Dhaka) (Criminal Revisional Jurisdiction) Present: Fazal Hussain Mohammad Habibur Rahman J Mahmudul Amin Chowdhury J Sukhendra Chandra Das..........................Petitioner Vs. The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Par..

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......Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mohammad Meah........................................Appellant Vs. Pubali Bank & ors.......................................Respondents Judgment ..

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

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....ive my own views. 26. Appellant's husband, Syed Mokbul Hossain, was directed to be detained for three months by the order dated 27th June, 1987 of respondent 2, the As­sistant Secretary, Ministry of Home Affairs. The or­der was purported to have been made under section 3(1) (a) of t......is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangla­desh and others.........Respondents Judgment March 20, 1988. Result: The detention i......Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangla­desh and others.........Respondents Judgment March 20, ..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)

....appeal is, there­fore, not maintainable on this ground also. The appeal accordingly is summarily dis­missed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......appeal is, there­fore, not maintainable on this ground also. The appeal accordingly is summarily dis­missed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......nal No. III, Tangail discharging accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 is as fol­lows- "Accused Hormuz Ali who is on bail files hazira and is present in the court. The record is taken up for framing of charge. Perused the F.I.R., C/S a......ourt High Court Division (Criminal Appellate Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Abdul Bari Sarkar J Firoza Begum …………………….Appellant Vs. Hormuz Ali & another..............Respondents Judgment July 29, 1987. Lawyers I..

Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......R (AD) (1988) 56. ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sachindra Lal Das and others...................................Appellants Vs. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others………&..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ...... namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and appro­ving grant of lease thereof in favour of the stranger respondent Nos.6-9. 2. 8.23 acre...... Division (Special Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Bimalendu Bikash Roy Chowdhury J Sreemati Parul Kusum Roy…………………………………Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgm..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13