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Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....em 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 ...... 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 ......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)
....he judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......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 ......Chandra Paul did not tell him that he saw Uma Rani in that night. Witnesses Shailabala Paul and Laxmi Rani did not state to him that at the time of birth of Uma Rani they were present. At the time of recovery of Uma Rani her father was with him. The statement of Uma Rani was recorded by the Magistra......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)
....trict Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ................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. ......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)
..........................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for the citizens and that the Governmen......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. ...... 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)
.... Ed. This Case is also Reported in: 43 DLR (1991) 77. ......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. ......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)
.... Vs. The Election Commission, Sher‑e‑Bangla Nagar, Dhaka and others ............Respondents Judgment May 30, 1990. Result: The Rule is discharged. Delimitation of the area of the upazillas in question can not affect the petitioner who is not resident of ......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. ...... 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)
....Dhaka & another...................Respondent (In both the Petitions) Judgment June 11, 1989. Result: The Rules are made absolute. Lawyers Involved: S.S. Halder, Advocate —For the Petitioner (In both the petitions) Moksudur Rahman, Advocate—For the C......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. ......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)
.... Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD) 107=33 DLR (AD)154. Lawyers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahmed, Advocate—For Opposite Parties. ......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. ......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)
....ment is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......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...... a case and took up investigation, visited the place of occurrence, examined witnesses but during the investigation of the case Afroza was recovered by the police from Manikganj. Afroza after her recovery made a statement to the effect that on 9.3.86 at about 10 A.M. she went to Nasima's house, ......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)
....isoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......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......n has been further strengthened by the confessional statement made by the two condemned prisoners before the Magistrate. The facts narrated in the confessional statement further find support from the recovery ofthe dead bodies from under the earth at a place not only pointed out but also dug out by ......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
....
This Case is also Reported in: 43 DLR (1991) 79.
......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.
......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.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......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.......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
....etary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Dayal Dhingra Vs......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......য়াছে”।
The record of the Court of Upazila Magistrate, Araihazar is not before us. Presumably the Upazila Magistrate Araihazar issued search warrant under section 100 Cr.P.C. for the recovery of the victim girl Ranjana Rani Das. It appears that on 19.7.88 accused Md. Shahidul Isla......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
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......rted for the purpose of breaking as scrap. Pubali Bank financed and Janapad Enterprise engaged plaintiff Mohammad Meah for breaking the ship on certain terms and conditions. Scraps were sold from time to time by the Bank and the loan was reduced substantially and as on 23rd November 1963 the loa...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....ed will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......n affidavit stating that it had revoked the impugned order of detention and a fresh order has been passed on the same date detaining the detenu initially for 30 days which was extended from time to lime. 3. In the writ petition various grounds were taken challenging the detention incl......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....lso. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......t section 30 of the said Act has to be read with Section 27(1) of the said Act. Section 27 (1) of the said Act provides that notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of any offence triable under this Act wi......appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161...Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
.... dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......erests of the mortgagor as they stood when the mortgage was created as against an auction-purchaser in any other case who purchases the judgment debtor's rights and interests as they exist at the time of the sale. Mr. Pal has also submitted that after the equity of redemption has passed out of t......ption suits, filed the instant suit, Other Suit No.88 of 1957 in the First Court of Munsif, Satkania, for declaration of her title to the suit land and confirmation of possession in 2nd/3rd share and recovery of possession in the remaining 1/3rd share of the suit land on the basis of her equity of r......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....……………………………...........Petitioner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment November 19, 1986. Result: The application is summarily rejected. Case Referred to- Satish Vs. Apara, 34 Cal 403 (F.B), Bejoy......djournment of hearing in the suit on the alleged ground of proceeding papers since 1981 after the suit has entered in the peremptory hearing list. The plaintiff was granted adjournment for the last time by order No.4 on 24.6.85. The plaintiff was granted 6 adjournments after 24.6.85 even after all......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....lip;……………………………Petitioner
Vs.
Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others……………………Opposite-parti......it on the ground stated therein. Copy served, Objection raised let be kept with the record. To 16.02.1980."
19. The subsequent orders do not show that the application was disposed of at any time. On 07.04.1980 an unstamped copy of the plaint appears to have been filed showing the Govern&sh......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....ingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......her officer of the corporation including the Manager used to take various goods from the fair price shop without making payment. The unfair transactions by the Managerial staff continued for a long time which resulted in the short -fall of the balance of the shop. The accused-appellant is quite in......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
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