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State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....bsentia along with accused Jahur Ali since acquitted. The learned Deputy Attorney-General continues to urge that since procedure laid in section 339B of the Code of Criminal Procedure was observed in holding the trial of the absconding accused and since that procedure is silent about the arrangeme......i enclave crossing the Bangladesh Border. On return home Muslim Uddin reported this matter to his father, Danesh and Jalil's uncle Pashan Ali and Sheer Mahmud and others. He further requested to recover that money from Abdul Jalil. Accordingly Jalil's uncle Pashan Ali and Sheer Mahmud and Muslim..Category: Criminal Law | Date: | Hits: 107
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
....11.86. Against that judgment and decree, an appeal was preferred by defendant Nos.3 and 4 and the lower Appellate Court set aside the judgment and decree of the trial Court and allowed the appeal holding, inter alia, that the plaintiff failed to prove the genuineness of the contract for sale for......ter the sale deed. 3. Defendant No.1 filed written statement in the suit for Specific Performance but thereafter he was not found present at the time of hearing of the suit. Defendant No.2 is the Government of Bangladesh which did not file any written statement. Defendant Nos.3 and 4 are the ..Category: Civil Law | Date: | Hits: 133
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....47, rule 1 C.P.C. before the Election Tribunal, Fatikchari for reviewing the order dated 15.12.1988 striking out the allegation and Election Misc. Case No.1 of 1989 was started. The Tribunal, however holding that there was no ground for review as prescribed under Order 47, rule 1, rejected the app......urisdiction to entertain the appeal from ah order passed by the Tribunal upon an application filed under Order 47, rule 1 C.P.C. The learned Counsel placing reliance upon section 29 (A) of the Local Government (Union Parishads) Ordinance,1983 submits that sub-section (4) provides for an appeal fro..Category: Election Law | Date: | Hits: 194
....l Court was competent to try the suit and the allegations relate to matters which do not debar a Civil Court from deciding the same. The learned Assistant Judge dismissed the application on contest holding that the plaint discloses cause of action the collusion of the defendants and the suit is no......ter by implication without any substance.
There is no merit in this application. Accordingly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
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Category: Labour and Industrial Law | Date: | Hits: 178
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....tion was not maintainable under Order 9, Rule 4 or section 151 of the Code of Civil Procedure. After considering the oral and documentary evidence adduced by the parties Labour Court allowed the case holding that due to illness respondent No. 2 could not appear before the Court and, as such, there w......had to leave his Khalishpur residence and go to his village home and was under treatment for a long time and, as such, he could neither contact his Lawyer nor appear before the Court and after his recovery he came to Khulna and came to know about the order of rejection and then filed the case. That ..Category: Labour and Industrial Law | Date: | Hits: 177
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....hey ransacked the house completely for which the petitioner held a press conference on 25‑10‑96 wherein she placed the inhuman and uncivilised behavior of the search party. She also announced for holding another press conference at her residence on 3‑11‑96 and for stopping her in holding thi......emanded search warrant and initially they failed to produce the search warrant. But in spite of this the persons went there, forcibly entered into the house and they searched the premises and they recovered licensed fire‑arms and ammunition from the house which they seized on the same day, that, i..Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....rom the "Tempo" leading him to a particular location with intent to kill him. The account given of that act of murder depicts Tutul and Ripon strangling Sayeed with a piece of cloth and Moksed so holding the victim's left arm so as to incapacitate him. As Sayeed resultantly fell to the ground Tu......sons and by the time the Charge Sheet was prepared on 18-7-1998, i.e., approximately ten months later, there is noted the emergence of six named accused persons who went on trial as above. The FIR recovery of an unidentified dead body on 25-9-1997 bearing signs of grievous injury and is found in..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....ires of the Constitution as well as the Ordinance, that the said circular is discriminatory and violated the equality provision of the Constitution by making discrimination between men and women in holding the elected public office as Commissioners. He further submitted that in order to ensure equ...... High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mitfahuddin Chowdhury J Shamima Sultana Seema and 9 others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. ..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....other homesteads by a brick fencing. A bit far from the said homestead the defendant No.3 constructed another double storied building on a portion of plot No. 4568 and those 2 homestead bear separate holding number and the defendant petitioners has been paying rent regularly to the Government as wel......in Shah and a daughter Khatemunnessa. Kazemuddin Shah sold 31/2 decimals of land by registered kabala deed dated 5-11-59 from plot No.4568 in favour of the defendant petitioner Abdul Jalil and handed over possession. Azizuddin Shah died leaving behind his widow Ludi Bewa, daughter Rahima Khatoon and..Category: Civil Law | Date: | Hits: 154
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....s order No.1 of 1972. The plaintiff has recorded the land in his own name and possessing the same by constructing structure mutating in his own name and paying rent accordingly creating a Municipal holding of his own. But the taking over of the said property as part of the industrial concern or co......7; Commissioner of Income Tax Vs. Vadital Lallu Bhai, AIR 1973 (SC) 1016; Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 191; Bangladesh Steel Mills Vs. Masud Reza, 30 DLR (SC) 169; Nasiruddin Vs. Government of the People's Republic of Bangladesh, 32 DLR (AD) 216; Hashem (Md.) Vs. Bangladesh and o..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....Barrister shares in general immunity which as given to all those taking part in the judicial process. But the law Lords in Saif Ali Vs. Mitchell and Co. (1980) AC 198, cut down the extent of immunity holding that a Barrister was liable when he carelessly failed to advise re‑settling the plaintiffs......ollowing terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted by this Court on 5-11‑97 pas..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
...., Gazipur against the said charge sheet to the effect that one of the accused was not included in the charge sheet when the case was transferred to the D.B. Police for further investigation who after holding further investigation into the matter submitted charge sheet to the same effect as was done ......R. with the Tongi Police Station, District- Gazipur on 25.8.2003 at 13-15 hours alleging that, on the same day in the morning one Habibur Rahman, a neighbour of the deceased Hanif Sarker informed him over telephone that his brother, Hanif Sarker, who was an employee of Bata Shoe Company and residing..Category: Criminal Law | Date: | Hits: 98
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....ty to be satisfied about the necessity of detention of the detenu. The ground is that on 10.12.90 the detenu in an interview with the BBC correspondent stated that he would start election campaign by holding a meeting of his party on 16.12.90 or on a near about date and he had nothing to repent or e......iction) Present: Abdul Jalil J Quazi Shafiuddin J Mostafizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka and others ………..Category: Criminal Law | Date: | Hits: 113
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....sent rule. 6. Mr. Hemayetuddin Ahmed, the learned Advocate appearing in support of the Rule, has contended that the learned Subordinate Judge has committed an error of law in his decision in holding that the case was covered by section 17 of the Code of Civil Procedure and thereby in direct......tuddin Ahmed, the learned Advocate appearing in support of the Rule, has contended that the learned Subordinate Judge has committed an error of law in his decision in holding that the case was covered by section 17 of the Code of Civil Procedure and thereby in directing the learned Assistant J..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....n Act. On the prayer of the defendant, the point of limitation was heard by the trial Court on 18.4.73 as a preliminary issue. 4. The learned Subordinate Judge passed the impugned order on 18.4.73 holding that the suit was not barred under Article 178 of the Limitation Act and that it was maintai......se to a presumption that the arbitrator consented to file the award in Court through the plaintiff. Had the arbitrator not given his consent, the original copy of the award would not have been handed over to the plaintiff. Further, in the application the plaintiff has prayed to the Court for directi..Category: Procedural Law | Date: | Hits: 93
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....Islam the elder brother of the deceased Aktar Hossain, being informant, for the said murder lodged Ejahar upon which Brahmonbaria Police Station Case No.22 dated 11.8.2005 A.D. was started. But after holding investigation a final report was submitted in the said Case being Number 22 and the S.I. Md.......rial particulars as made in the F.I.R. It reveals from the statement of P.W.1 that a strained relation of accused Siraj and his two sons Sohel Rana and Rajib crept up with the deceased Akhter Hossain over giving a loan of Tk.1.5 lacs to accused Sohel by deceased Akhter Hossain for mobile phone busin..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
.... 4. At the trial both the parties led evidence to prove their respective cases. 5. The learned Assistant Judge, Raipur, Lakshmipur by his judgment and decree dated 29.6.2006 dismissed the suit holding that the plaintiffs having been failed to prove their case. 6. The unsuccessful plaintif......acts of the case, briefly, are that opposite party Nos.1-17 as plaintiffs instituted a suit being Title Suit No.73 of 2002 in the Court of Assistant Judge, Raipur, Lakshmipur for declaration of title over the suit land under “Ga” schedule to the plaint of the suit and the order for changing the ..Category: Procedural Law | Date: | Hits: 113
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....eater Dhaka. The subsequent plot was allotted by practicing deception and misapplication of rules 13(a) and in violation of rule 9 of the allotment Rules of RAJUK. The Bureau of Anti-Corruption after holding investigation submitted charge sheet against her under section 420 of the Penal Code read wi......Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through the Bureau of Anti-Corruption lodged a first information report in Motijheel Polic..Category: Criminal Law | Date: | Hits: 137
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....of 2009) (in short, the Act) the Election Commission (in short, the Commission) is duty bound to prepare a voter list of those voters who are the citizen of the country for every franchise area for holding elections; that in exercise of power as provided in section 17 of the “স্থানী......ack to rule 2(25) which precisely prescribes that the voter list prepared under Act No.6 of 2009 is “আইনের অধীনে চূড়ান্ত ভোটার তালিকা”. Moreover, on proper examination of the entire provisions of the Act No.58 of 2009 and the Rules, 2010 we..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....3 DLR (AD) 113 wherein their Lordships have held that the object of sub‑section (2) of section 96 of the State Acquisition and Tenancy Act is to have all the co‑sharer tenants and all the tenants holding lands contiguous to the land transferred, before the court for proper and complete adjudicat......judice to the pre‑emptees. 6. Mr. HN Nondy, the learned Counsel appearing for the petitioners, submitted that due to accidental mistake Dhaduri Bibi was not impleaded as a party in the case. Moreover, her name was not recorded in the record of rights. The learned Counsel further submitted that ..Category: Property Law | Date: | Hits: 94
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