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Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
....Act could not be enforced till the Rules under section 4 of the Act have been framed by the Government. 15. We have two major types of subordinate courts‑Subordinate civil courts and Subordinate criminal courts. Apart from subordinate civil and criminal courts there are other courts, for exampl...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......y are non-est against the concerned defendants and are liable to be rejected. The trial Courts by the impugned orders rejected the applications for rejection of the plaints of the concerned suits. Thereafter being aggrieved by the impugned orders passed in the concerned suits by the trial Courts the..Category: Others | Date: | Hits: 226
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....arly all questioned when in Rondel Vs. Worsley (1969) AC 191, the House of Lords unanimously held that an Advocate could not be sued by his client in respect of alleged negligence in the conduct of a criminal trial. It should be remembered that Rondel Vs. Worsley does not lay down the rule that a Ba...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......in the Court of District Judge, Dhaka for recovery of Taka 432.33 lakh on 1‑7‑98 and the same was duly decreed against the present petitioner and its directors. The learned District Judge decreed realisation of Taka 4,32,33,000 from the opposite parties as was due on 1‑7‑98 with interest at ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......over telephone that his brother, Hanif Sarker, who was an employee of Bata Shoe Company and residing at Boro Dewra village of Tongi Police Station, was murdered in the last night at his own house. Thereafter, the informant rushed to the house of his brother Hanif Sarker at the place of occurrence an..Category: Criminal Law | Date: | Hits: 98
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....rested and closely related to the informant party and appear to be hostile to the accused appellants. Apart from this aspect, it appears from the record that most of the witnesses are involved in the criminal cases of serious nature. P.W.1 and 3 were convicted in a murder case and sentenced to life ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......spute (Salish). After completion of the salish they started for home before the sun set. The victims and P.W. 2 were ferried across the river by P.W. 4 and P.W. 5 Mafiz Sarder and Shaft Sarder and thereafter they were proceeding towards their home but hardly they reached near the house of Kamal Akhi..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....f his office as President of Bangladesh and for usurping powers. It is also admitted that an Enquiry Commission headed by a Judge of the Supreme Court has already been formed and in the meantime also criminal cases have already been started against the detenu. 15. Be that as it may, if a perso......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......1987. He was a sportsman and also a poet. He did tremendous work during the devastating flood and various works in the country. He resigned from W office as President of Bangladesh on 6.12.90 in the greater interest of the country. The detenu was arrested on 11. 12.90 from his Sena Bhaban residence ..Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......tly by order dated 17.9.89 Special Tribunal No. II Bagerhat Mr. Md. Abdur Rashid Miah, who succeeded Mr. Dabiruddin Shaikh set aside the said order dated 25.1.89 acquitting the accused petitioner. Thereafter notice was issued to the accused petitioner to appear before the said Tribunal. Subsequently..Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... on 27.7.81 Subsequently, in the year 1976 she had to take up a job as her husband was not providing enough money for their maintenance. The main allegation, however, was that she was not being well treated by her husband, rather at times, he used to be so cruel that it was simply unbearable for her..Category: Family Law | Date: | Hits: 265
....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
...... served when the detenu was about to move out of the jail gate. In other words there is a clear admission that the detenu was not released in the fullest sense of the term. He was not allowed to breathe the fresh air of freedom outside the jail. His jail life was continued without any break. The..
Category: Criminal Law | Date: | Hits: 124
.... Road Transport Division of the Ministry of Communications of the Government of Bangladesh by order of the President and Chief Martial Law Administrator. It is further stated in the petition that a criminal case was also started against the petitioner by the Co-ordination and Control Cell for Nati......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
....... After successful completion of seven projects in April, 1984 the petitioner was given the independent current charge of Additional Chief Engineer, Roads and Highways Department, Dhaka Zone and thereafter he was entrusted with the gigantic task of Road Development of Chittagong Hill Tracts and un..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
.... of the other condemned prisoners Siraj, Sohel and Rajib who were not present in or around the place of occurrence or may be even at another place at the time of committing of the alleged murder. The criminal conspiracy, the resultant common intention and the commission of the alleged murder of the ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......een 02.00 and 03.00 hours i.e. on 11.8.05 A.D. in the house of Aktar Hossain by deploying professional killers namely, Masum, Kabir Hossain, Piyas, Zamir, Manik and Babul of Brahmonbaria locality. Thereafter, Sirajul Islam the elder brother of the deceased Aktar Hossain, being informant, for the sai..Category: Criminal Law | Date: | Hits: 105
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ...... Result: The Rule is made absolute. Under section 165 of the Code of Criminal Procedure the Sessions Judge concerned can accord permission on the application of a police officer or officer of Bureau of Anti-Corruption for the purpose of investigation of offence under sections 403/406/408/409 e..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... 7. None appears on behalf of the petitioner but the petitioner's contention is that the accused petitioner is quite innocent and he has committed no offence and he has falsely been implicated in the criminal case on the basis of false, baseless and concocted allegation with a malafide intention t...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......Bi Ma Iftekhar Anam on 9-6-2006 issued a cheque of Taka 13,60,000 through Islami Bank Bangladesh Ltd. Paltan Branch, Dhaka to the complainant out of outstanding liabilities; that the complainant thereafter on 14-3-2007 placed the cheque through Eastern Bank Ltd. Shaheb Bazar Branch, Rajshahi for c..Category: Criminal Law | Date: | Hits: 94
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....authority and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is that the petitioner at the relevant time was serving in the District Nilphamari as Sanchaya Officer and a criminal case was started against him by the District Anti-Corruption Bureau, Nawabganj under sectio......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......is Rule, in brief, is that the petitioner at the relevant time was serving in the District Nilphamari as Sanchaya Officer and a criminal case was started against him by the District Anti-Corruption Bureau, Nawabganj under sections 409/467/109 of the Penal Code read with section 5(2) of the Preventio..Category: Employment/Service Law | Date: | Hits: 147
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....face value, they do not constitute the offence as alleged and, as such, it is manifestly clear that the case has been filed to harass the petitioner out of political motive and grudge and the instant criminal proceeding is an abuse of the process of the Court and liable to be quashed. 5. Mr. Moha......le or act in the decision of allotment of plot. Her only role was to apply for the plot. There is no involvement of the petitioner in the matter and there is no allegation of any personal gain or any mens rea on her part in this regard and as such there cannot be any charge of cheating inasmuch as s......e 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 Police Station, upon which Mo..Category: Criminal Law | Date: | Hits: 137
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....not paid to defendant No.1; that the plaintiff sent a legal notice to defendant No.1 through their lawyer on 16-3-1993 but no response was made; that finding no other alternative the plaintiffs filed criminal case No.68 of 1993 under section 406 and 420 of Penal Code before the Magistrate Court, Mit......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......r sale deeds in favour of defendant No.2 and 3 (petitioners) on 16-3-1993 of the disputed 1.171/2 satak land; that the alleged transfer was collusive, fraudulent and illegal as defendant No.1 has already delivered possession of the suit land to the plaintiffs. 4. The present petitioners contest..Category: Property Law | Date: | Hits: 90
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....ntence of Abul Khair vide above judgment. 11. Being aggrieved convict-appellant preferred Criminal Appeal 319/89. Reference was registered as Death Reference No.4/89. Both death reference 4/89 and criminal Appeal 319/89 were heard together by High Court Division and it was pointed out on behalf o......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......others the other salishkars such as P.Ws.2‑6 went with P.W.8 Salamat Kha, Chairman of the Union Parishad to attend Salish in the house of said Salamat Kha. Said Salish was held at 10‑00 PM and thereafter when victim Julfu Master along with P.Ws.2‑6 as Salishkars was returning and came on the r..Category: Criminal Law | Date: | Hits: 97
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......ome sweets at the instance of Abul Kashem but he returned without the sweets and accused Abdul Kashem also asked him for making preparation for going to his father-in-law’s house by the boat and thereafter accused Abul Kashem, Chiranjib Pal and victim Zainal Abedin boarded the boat and they sailed..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....s decided to hand over him to India. He states that as Anup Chetia was charged with treason by the Indian Government he came to Bangladesh to save his life. The petitioner states that Chetia is not a criminal but a person who has been fighting for right of self-determination for the Assamese people....... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......gladesh Government on 21-12-1997 and with the issue of his extradition to India as the Government of Bangladesh has decided to hand over him to India. He states that as Anup Chetia was charged with treason by the Indian Government he came to Bangladesh to save his life. The petitioner states that C..Category: Constitutional Law | Date: | Hits: 421
.... we hold that the petitioner-respondent has succeeded in proving that he was a minor in 1979 as he was born in 1969. From the perusal of the record it appears that the respondent earlier instituted a criminal case against the brothers and sisters of the petitioner alleging that knowing fully well th......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......pposite party No. 5 another portion of land by kabala dated 2-9-66. So, it appears that the vendors are different in these kabalas. In that decision the High Court Division observed that on a careful reading of the provision of section 96 of the East Bengal State Acquisition and Tenancy Act it would..
Category: Property Law | Date: | Hits: 113
....compiled in the year 1960, yet before that even from the British Regime the posts of Government Pleaders and Public Prosecutors were there and they have been representing the Government in all civil, criminal and revenue cases of the Government. Since there is a long standing practice to follow the ......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the petitioner that he was enrolled as an Advocate by the Bar Council on 22-12-1969. Thereafter he was enrolled as an Advocate of the Supreme Court of Bangladesh in the year 1972 and becam..
Category: Others | Date: | Hits: 212
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