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Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
.... liberation and his huts excepting two were razed and burnt away by Pakistan Army. After the war of liberation the plaintiff met Mr. Mohammad Ali, Advocate, to know what steps were taken by that time. The learned Advocate then told the plaintiff that he (plaintiff) had received back the bainapa......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....he plaintiff' acquired valid title to the suit property by auction purchase, the High Court Division held that the plaintiff never took actual or symbolical possession of the suit property at any time. The suit was also barred by limitation under Article 137 of the First Schedule to the Limitati...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....us imprisonment for one year. He further ordered that half of fine if realised be given to victim Kalachand. 2. Prosecution case may briefly be stated thus:‑ On 10‑6.84 at about evening time (6‑45 to 7 PM) victim Rafiq Gazi was returning from the house of his 'Khala' named Sa......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....ns made in the FIR do not constitute any offence under sections 467 and 420 of the Penal Code. At this stage we do not like to examine this question. 6. In the facts of this case as in point of time the civil suit was instituted before the filing of the FIR and the questioned documents in thei......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....sum amount of taka two lacs against the amount due from the Bank and he was allowed on 17.2.1990 by the Manager of the said Branch of the Bank, Annexure "B" to the petition, two months' time for repayment of the rest. Thus, it is argued that in view of the provision of section 62 of th......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. ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....n of the appellant by a medical board, alleging the exercise of undue influence upon the Civil Surgeon, Rajshahi by Md. Aslam Sarker. On 5.8.85 the City Magistrate rejected the prayer and at the same time declining to accept the final report directed a judicial inquiry by a Magistrate, 2nd Class. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....ed he identified in the dock was not in the truck and that the accused was arrested by the police on the suspicions from a far away place. He also denied defence suggestion that he was not present at time of seizure and he was not shown in the charge sheet as witness. 10. P.W.6 Amir Ali, a seiz......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. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
.... bank and they were also put into possession of the land. But when defendant No.1, in terms of the Compromise decree, failed to deposit the shortfall of Tk.1.00 lakh to the bank within the stipulated time- 31.12.1983- the appellants-purchasers deposited the shortfall- Tk.1.00 lakh- to the bank by Pa......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 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ned that against the aforesaid judgment of acquittal the present appellant (being informant-father of victim girl) preferred an appeal before this Court being Criminal Appeal No.55 of 1989 within time under section 30 of the Special Powers Act, 1974. The matter as regards maintainability of the ......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. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
..............Opposite Parties Judgment August 14, 1989. 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 Tribuna......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. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....itizens and that the Government can not enjoy a special privilege in the matter of condonation of delay in filing appeal……........(8) Paraphernalia leads Government to longer time for filing appeal for delay condonation The statute of limitation makes no distinction bet...... 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. ..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)
....does not explain adequately any inordinate delay in producing it. 10. At the first instance onus is on the petitioner to give sufficient reason for non production of the document at the required time. In the instant case no reason has been shown as to why document in question was not filed alon......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. ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....spondent No. 5, who was elected Chairman in the election in question, submitted that the petitioner is not a voter from the area taken out from Nabinagar Upazila and he was aware of the same from the time of the Gazette Notification dated 6.11.89 and neither he nor the voters of the said Union ...... 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. ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....overnment of Bangladesh and pointed out the practical difficulties in releasing the detenus with prior intimation to the Ministry of Home Affairs, stating that the process may take sometimes 2/3 days rendering the Jail authority liable to the proceedings of Contempt of Court. 6. ......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. ..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)
....said judgment of the Subordinate Judge, Narayanganj the plaintiff Meher Ali preferred Title Appeal No.184/84 in the Court of the District Judge, Narayanganj before whom it was argued at the time of admission hearing on behalf of the appellant that by clause 2(3) of Martial Law Regulation N......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. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....et accused Swapan Kumar and one Montu who informed her that her elder sister Jahanara Begum became ill at her office at Goalchamat and she should go there. Afroza started for Goalchamat and at that time accused Swapan and Montu accompanied her and thereafter Afroza did not come back. In the compla......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....voluntarily confess their guilt, recorded their confession and that the accused also made no complaint before the Magistrate. . .Retraction of confession at an earliest opportunity sometime may lend support to the defence plea that the confession was not voluntary one but for the bela......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. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....st and for that purpose it may even postpone the settlement of the issues of fact till determination of the issue or issues of law. The provision appears to be obligatory....... (8)
Austerity in time and expenses of the parties
The main purpose behind this legislation is to save time and e......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.
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Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....mits that acquisition of title by adverse possession having not been claimed either in the plaint or at the trial and there being no evidence of claim by adverse possession from a specific point of time and admittedly the plaintiff having gone into possession by virtue of contract for sale and the......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...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....ge of the victim girl. Ranjana Rani Das and accepted the age of Ranjana Rani Das to be 18 to 19 years as opined by the said three doctors. It appears that as this Court directed on 21.8.88 at the time of issuance of the Rule that the proceeding in Misc. Case No.744 of 1988 of the Court of Sessio......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. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
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