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Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ppears 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 innocence and that Mohammad Ali was murdered elsewhere by some unknown assailants and the accu......ed corroborative evidence from disinterested witnesses as having seen two hurricanes or even one hurricane burning in the dwelling hut of deceased Mohammad Ali on the night of the occurrence and this absence of any independent or disinterested witnesses is very significant in view of admitted enmity......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
.... 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
...... 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
...... hcnce the concerned Ministry was under obligation to send the same to the President for approval. The learned Advocate for the petitioner then submitted that the respondents failed to exercise their jurisdiction in not forwarding the recommendation of the review forum to the President for approval ..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......hat the Artha Rin Adalat will follow the provisions of the Code of Civil Procedure in so far as these are not contrary to the provisions of the Act. The Artha Rin Adalat is a special forum of limited jurisdiction and it is not an ordinary Civil Court. It is a well-settled proposition of law tha..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....sfied that the materials have a causal connection with the kind of opinion that it is required to form. If there are no materials at all on which to form an opinion or if the materials that exist are totally unconnected with the kind of opinion that the Government is required to form, then the order......15 of the Ordinance by a resolution of the Union Parishad dated 16.9.92. By the same resolution Mr. Ebayed Ullah Khan, a member of the Parishad, was elected as the Acting Chairman during the leave of absence of the writ petitioner. The writ petitioner sent a Memo dated 20.9.92 to the Deputy Commissi......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....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 ......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 ......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)
....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 ......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 ......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)
....the cross-examination of O.C. of the P.S. P.W. 6, the I.O. P.W. 2 and the other witnesses it appears that they did not state to the I.O. What they said before the court. They made out a case in court totally different from the F.I.R. case and the statements made to the police. Moreover from the evid....... 8 it is clear that evidence of P.W. 2 is full of contradictions. He did not state to the I.O. about threatening him by the accused or about his doubt that marriage was going to be solemnized in the absence of guardians of the girl or that at first accused Mofizul and then accused Zakir went to cal......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)
....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. ......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. ......is apprehension of serious breach of peace over the matter. 7. It appears from sub‑section (1) of section 147 of the Code of. Criminal Procedure that a Magistrate of the 1st Class can exercise jurisdiction if there is a dispute likely to cause a breach of peace regarding any right of user of ..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......s on record and after hearing the learned Advocates of both the sides and on consideration of the aforesaid decisions we hold that the trial Court committed illegality and wrong in not exercising the jurisdiction vested in it under section 152 of the Code of Civil Procedure and correct the..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
.... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ...... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ......emselves as representatives of the local area for a declaration that the no objection certificate granted by the Deputy Commissioner, Khulna, for construction of a cinema hall was illegal and without jurisdiction and for permanent injunction that the defendant No. 1 should be restrained by an order ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....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. ...... But the subsequent decision of the Privy Council in the case of Abdur Rahman 31 CWN 271(282) (PC) changed this. Two prevailing opinions is, that section 537 of the Code of Criminal Procedure, in the absence of anything in the section itself to give it a restrictive meaning, may now be taken to cove...... the law to prevent a police officer from making a complaint when some facts have come to his knowledge even if he cannot investigate them. In any case, no intention can be read into the law that the jurisdiction of the Court would itself be barred when an unauthorised police officer conducted the i..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
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 ......ribunal Case No.1 of 1991 alleging, inter alia, that his agents were forcibly ousted from the polling station and were not allowed to perform their duties and counting of the votes were made in their absence and that large number of ballot papers with his symbol 'Boat' were declared invalid ......he petitioner placed before us the petition and other materials on record and the impugned order. He submitted that Election Tribunal acted illegally and with material irregularity in exercise of its jurisdiction in passing the impugned order violating the law laid down by this court to direct recou..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....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. ......ld that the arbitrators may be right or they may be wrong but they are entitled to come to a conclusion if there is evidence or if there is material on which they can determine the matter. But in the absence of any evidence or any material or even any allegation to that effect, they are guilty of le......aving passed an order on 5.1.92 staying appointment of arbitrators in Arbitration Miscellaneous Case No.78 of 1990, the filings of the award by the arbitration on 15.1.92 was illegal and without jurisdiction. The Division Bench found that the petitioners did not inform the court below or the ar..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... 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 ...... 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 ...... 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
....eply came from him. On demand for payment of the dues defendant No. 1 assured co‑operation with the plaintiff for adjustment of the liability but it stood as assurance only without any payment. The total claim of the plaintiff was Taka 25,499.25 together with interest at the rate of 9½% per......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
......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
....oner was in the United Kingdom when the impugned Gazette notice was published on 23.9.86 and after his return he was not told by anybody about the publication of the aforesaid list and as such he was totally unaware of the fact of the disputed property in the said list till he was informed about the......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.
......dinance 1985 (Ordinance No.LIV of 1985) was issued or served upon the petitioner or his vendor and as such inclusion of the disputed property in the list of abandoned properties on 23.9.86 is without jurisdiction and of no legal effect. The learned Advocate further submitted that inclusion in the sa..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
.... the house of Kabir Miah of village Kodalia under the 'Nibir Polly Purta Works Programme' for the year 1985‑86 and as the Project Chairman he Withdrew by 3 cheques from 18.3.86 to 17.5.86 a total sum of Taka 45,000.00 and spent out of the same a sum of Taka 37,868.59 only for the work of t......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. ......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
....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
......officers of the ship deposed to corroborate the same nor the log book of the ship was produced to show that such weather condition and consequent damage to the cargo was noted in the log book. In the absence of any such evidence simply because captain of the ship had sworn protest note before the No......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
....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
......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
......Khan J.— Three separate Writ Petitions Viz, Writ Petition No. 3078 of 1992, Writ Petition No. 3733 and Writ Petition No. 3734 of 1992 having been moved by three sets of petitioners invoking the jurisdiction of the High Court Division under Article 102 of the Constitution. Rules Nisi of the sam..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
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