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Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......lis pendens under section 52 of the Transfer of Property Act and the learned Assistant Judge committed error of law in not holding that the plaintiff had prima facie title in view of the evidence on recorded and admission of the original defendant that the plaintiffs were his landlord and this has ......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....n is a Member of Parliament from Fenchuganj Constituency and is a labour leader in Fenchuganj Fertilizer Factory and a very influential person having his permanent residence at Sylhet town and having good relationship and intimacy with the Deputy Commissioner. Because of this intimacy the petitioner......her that such application must be filed before the Bench which had rejected the earlier prayer (s), if of course that Bench is not in the meantime dissolved. 14. We have carefully gone through the record and we find that both the parties are men of money and reputation. Further it appears that th......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......overnment was satisfied that the offence as committed in the aforesaid case was punishable under section 295A of the Penal Code. But after hearing the parties and considering the material evidence on record, the Full Bench of the West Pakistan High Court held that it was a case not under section 295......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......he decree of the said court is liable to be set aside. 10. Mr. Ahmed Ali, the learned Advocate for the plaintiff opposite party No. 1, on the other hand, contends. that in view of the materials on record and in the facts and circumstances of the case, the court of appeal below considered that the......upon the Nikah Registrar in the concerned Kazi Office in accordance section 6 of the said Act of 1974. Repelling the contention of Mr. Amir Hossain about the Talaq being ineffective due to the non‑service of notice under the provision of the said Ordinance of 1961, Mr. Ahmed argued that by servi..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....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. ......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. ......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)
....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. ......orium. The further defence is that, a false case has been filed against the accused persons at the instance of the Chairman of the Union Parishad and member Nawab. On consideration of the evidence on record, the post‑mortem report and confessional statements, the learned Special Tribunal found the......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
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....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 ......e case of the plaintiff is that the plaintiff is the owner of 0.09 decimal of land of RS plot No. 2048 by pattan taken in 1359 BS from the previous owner Sukumar Sen and others. This land was wrongly recorded in the khatian in the name of the previous owner and so, the plaintiff Tufan Das filed a su......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)
....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. ...... some unknown assailants and the accused have been falsely implicated at the instance of the local chairman, Nurul Islam, out of enmity. The learned Sessions Judge on consideration of the evidence on record found the six appellants guilty under sections 302, 34 of the Penal Code and passed the order......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
......y step is taken by the appointing authority or passing the order of reinstatement of the incumbent. In addition to this our attention has been drawn to another fact which is patent on the face of the record. From the notification dated 12.10.91 it appears that the review forum was constituted with t......n by an order of the Chief Martial Law Administrator dated 15.12.1982 the sentence was remitted. Thereafter the petitioner made a representation to the respondent No.1 for his re‑instatement in his service. While the prayer for re‑instatement was in process the petitioner was served with Memo No..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....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. ......though, if challenged on the ground of absence of materials or non-application of mind, the Government will be obliged to place the materials before the Court to show whether it acted on materials on record and/or applied its mind, The co-relationship of criminal proceedings with the kind of opinion......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
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 there was no violation of any provision of section 8(2) of the Special Powers Act as alleged. 5. We have heard the learned Advocates their respective submissions vis‑a‑vis the materials on record. 6. Admittedly the impugned order of detention was passed on 28.8.93 and the Memo of the......Md. Khair Ahmed Vs. Bangladesh through the Ministry of Rome Affairs reported in 40 DLR 353. 4. Mr. Abu Kawsar, the learned AAG appearing for the Government, however submits mainly as regards the service of the grounds of detention that if the date of the order of detention is excluded, then the..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
.... Abed brother of informant P.W. 1 and the parties are closely related to each other. Victim P.W. 5 was not a minor girl of 14 years but she was a major girl of about 19 years of age and she was not a good student and as such, detained in each class. She used to write love letters to Rana, Hasan as w......urrence as alleged. 4. Mr. Akram Hossain Amin, learned Advocate appearing on behalf of the appellants placed before us F.I.R., evidence of the witnesses, impugned judgment and other materials on record. He submitted that there is no independent and reliable witnesses of the occurrence and the e......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. ......l inasmuch as raising of 1” high wall cannot at all obstruct the right of user of the disputed land as pathway and there is no necessity of demolishing the same. If the learned Magistrate after recording the evidence finds merit in the case of the 1st party then he will pass necessary order pr......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
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......the Code of Civil Procedure may be invoked. According to Dr. Zahir the trial Court ought to have looked into the pleadings of the parties and find out the mistake which is apparent on the face of the record or the cases of the respective parties.
5. As against this Mr. Moinul Huq, the learned A...... 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
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 ......hineries for the cinema hall. After about two years some interested people of the locality filed this suit in order to cause damage to the defendant No. 1. However, after considering the materials on record the learned trial Court, that is, the Subordinate Judge, 1st Court, Khulna, decreed the suit ...... 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 ..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
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 ......d if the election is postponed there will be colossal loss. 8. Mr. M. Nurullah, learned Advocate appearing on behalf of the respondent No. 4, Dhaka City Corporation, submitted before us from the record of the Corporation that the Corporation has already published notices in the daily newspapers......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 ......he ballot papers. Election Tribunal by order dated 21.5.91 called for the election materials and by order dated 6.6.91 decided that prayer for recounting of the ballot papers will be considered after recording the evidence of the witnesses. The petitioner produced and examined 50 witnesses and ...... 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 ..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. ...... (5) Thereafter, the arbitration shall proceed in accordance with, and shall be governed by the other provisions of this Act so far as they can be made applicable.” 5. We find from the record that on being asked by the learned Subordinate Judge in the arbitration proceeding to appoint......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)
.... 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 ......ner. It is also not disputed that the order of dismissal from service was replaced by the order of retirement which was also communicated to the petitioner on 13th December, 1982. There is nothing on record to show that any prayer was made on behalf of the petitioner for reviewing the order of dismi......man Khan J. – This Rule Nisi was issued by this Court calling upon the respondents to showcause as to why they shall not be directed to review the order of retirement of the petitioner from the service of Sub-Divisional Adjutant of Ansars under Martial Law Order No. 9 of 1982, contained in Ann..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....y 13, 1994.
Result:
The appeal is dismissed.
The Contract Act (Act No. IX of 1872) Sections 151, 152 and 161
Liability of a bailee
The liability of the Railway while carrying goods handed over to it by a party is similar to the liability of a bailee. The Railway carries good...... Contesting defendant Nos. 2-4 did not examine any witness to support their contention.
7. The learned Subordinate Judge after considering the facts and circumstances of the case and evidence on record decreed the suit on contest with costs against the defendant Nos. 2‑4 with interest at the ......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
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