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Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

.... case are in any way different as not to attract the principle laid down by the Privy Council in the aforesaid case. 3. The appellants, who are brothers, No. 2 being minor at the relevant time, instituted Title Suit No. 80 of 1975 in the Fourth Court of Assistant Judge, Narayangonj for......sion of the High Court Division.  The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295

Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)

....cused persons and, as such, the impugned Judgment and the order of conviction and sentence are liable to be set aside. Mr. Afzalur Rahman further submits that appellant Dulal was aged 13 years at the time of the alleged occurrence and could not be partners or associates with the real killers of Mori......uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ..

Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36

Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)

....nant opposite party filed a petition of complaint alleging, inter alia, that he was married to the petitioner No.1 according to Hindu religious rites and they had a child out of their wedlock. At the time of marriage the accused petitioner took in cash and kind about Taka 1, 29,100.00 as dowry but t......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ..

Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80

Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

....t being one for declaration of title to an unspecified share of an undivided plot of land on the basis of gift and there being no evidence that the donor thereof was‑ in exclusive possession at any time is not maintainable without a prayer for partition." 15. Mr. Mihir Kanti Majumder, th......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419     ..

Category: Property Law | Date: 17 May, 1994 | Hits: 3

Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)

....2 witnesses and tendered one as against none by the defence. The defence case, as it appears from the trend of cross‑examination of the prosecution witnesses, is that there was no occurrence at the time, place and in the manner as alleged by the prosecution. The defence is a plea of total innocenc......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..

Category: Criminal Law | Date: 16 May, 1994 | Hits: 31

Zamir Ahmed Vs. The Principal Secretary, Presi¬dent's Secretariat Vs. The Principal Secretary, Presi¬dent's Secretariat, 1994, 23 CLC (HCD)

....and allegations made in the petition were denied asserting that the petitioner was rightly removed from service under Martial Law Order No. 9 and there was no occasion for reviewing the matter at the time of its promulgation. At a later stage Mr. Mashuque Hossain Ahmed, the learned Assistant Attorne...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 350   ..

Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

.... rejected as its effect would have been to convert the suit into a different suit against different parties. (e) where it takes away from the other party a legal right accrued to him by lapse of time. but court's power of allowing amendment is not circumscribed by the law of limitation in t......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..

Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1

Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)

....ct 1974 communicate the grounds of detention to the detenu within 15 days from the date of detention of the detenu and the said provision is mandatory. Section 9. Commencement and termination of time, (1) In any Central Act or Regulation made after the commencement of this Act, it shall be suff......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276   ..

Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3

Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)

.... to appellant Zakir in which she entreated him to take her away by Saturday or Sunday. In another letter she informed her unnamed lover that she was ready to go with him tomorrow i.e. Thursday school time at 10.15 A.M. and she was agreeable to whatever proposal is given by him. Victim's mother P......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509   ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1

Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)

....rected the OC Kotwali PS to enquire into the allegation of violation of order of status quo dated 31.1.91 and fixed the case on 27.10.91 for report and recording evidence of the 1st party. In the meantime 2nd party‑petitioner filed Criminal Revision No.400 of 1991 before the learned Sessions Judge......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ..

Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

....r the lease. 3. Before the trial Court opposite-parties 1-4 entered appearance and contested the suit by filing written statement and their case is that they failed to install the machineries in time due to the fault of the erectors and gas supply. The Money Suit was ultimately decreed on conte...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)

.... non‑cognizable offence has been defined in Clause (n) of section 3 of the Code of Criminal Procedure where a police officer may not, in accordance with the Second Schedule or under any law for the time being in force, arrest without warrant. An intentional act by a person causing miscarriage of a......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ..

Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2

Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)

.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248       ......Rule. 5. The rule is contested by the respondent No. 2 by filing an affidavit‑in‑opposition denying be allegations made in paragraph No. 12 of the petition and asserting that there was large scale rigging in the poll and the same was brought to the notice of the proper authority and the Ele..

Category: Election Law | Date: 25 Jan, 1994 | Hits: 2

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)

....ny requesting for a joint Meeting to discuss the matter with the authorities of the BTTB to examine whether there was any necessity for preparation of 10000 telephone and 1000 telex bills for the 2nd time at considerable expense. This letter refers to previous correspondence inviting item wise speci......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..

Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

....pointed to the post of Assistant Adjutant of Ansars in December, 1966 and worked as such in different places and was awarded with various awards in recognition of his meritorious service at different times. He was promoted to the rank of Sub-Divisional Adjutant of Ansars on 1.5.1977 and thereafter h...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board Vs. Commerce Bank Ltd. and Ors, 1994, 23 CLC (HCD)

....vacate the RR and surrender the same to them. 5. Defendant No. 5 also contested the suit by filing another separate written statement contending that he received the two (2) bills in question in time with an instruction to collect the amount from the drawee Jitendranath Saha and on receipt of t......judgment and decree passed by the trial Court is hereby affirmed. Send down the LR Records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 254     ..

Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

....that though the respondent No.1 excluded from such list properties which were wrongly included in the list but refused to exclude the disputed property from the list of the abandoned properties; that time for filing the application before the Court of Settlement had expired before the petitioner lea......e notification dated 23rd September 1986. As there is no appearance of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 130. ..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

....re bad and illegal. 6. In reply to the above submission of the learned Advocate for the appellant, Mr. AFM Shahid, the learned Deputy Attorney‑General, on the other hand, submitted that at the time of the alleged occurrence the accused being a member of the Union Council and also the Chairman......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238.   ..

Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2

Trans Oceanic Steamship Co. Ltd. and another Vs. Adamjee Insurance Co. Ltd. and another, 1993, 22 CLC (HCD)

.... the bill of lading an incorrect remark that 6 bales out of the entire consignment of the shipper were wet stained by rain prior to loading but all the 24 bales were found damaged by sea water at the time of taking delivery and surveyor could not ascertain the extent of damage due to rain water but ......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 23 ..

Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

.... of 1000 acres of land for which 2760 acres of land was requisitioned for development purposes of greater Dhaka has never been abandoned though the quantum of land was increased and decreased several times by the Government. It is stated that the preparation for the refund of the advance compensatio......rged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 205       ..

Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2