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Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......n 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. The prosecution case, in short, is that accused Maruf Khan was a mortgagee under Moklesur Rahman in respect of plot ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......istered as IRO Case No. 13 of 1996 under section 34 of the Industrial Relations Ordinance. Since he was not absorbed and his service was not regularised even after 10 years continuous service the IRO case was rejected on the ground of maintainability. The court held that the Administrative Tribunal ..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....easuring 3” x ½ “x muscle deep. 9. One semi-circular stitched wound (6 stitches) on the left forearm just in between elbow and wrist joint. 10. Two stitched wounds on the root of the left thumb and index finger measuring 1” x ¼”x bone deep. On dissecti...... and having found him guilty under sections 302 and 324 of the Penal Code sentenced him to death without awarding any separate punishment under sections 324 of the Penal Code. 2. The prosecution case, in brief, is that on 16-9-1992 the condemned prisoner Abdus Samad came back to his house at vi..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......eb and Paddyut Chandra Deb sons of Sree Sukendra Bikash Deb, and out of 1.44 decimals of land the executors of agreement kept 0.42 acres in jimma and received Taka 50,000 as earnest money and that in case they failed to get those 0.42 acres of land registered through their cousins, the amount of Tak..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......and that section 21 (1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken into consideration as far as practicable depending on facts of each case and that there was no violation of the said provision in respect of the Pourashava concerned. ..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......nd that section 21(1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken into consideration as far as practicable depending on facts of each case and that there was no violation of the said provision in respect of the Pourashava concerned...Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ..Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......ory power of the High Court The Power of the High Court Division envisaged in section 439 of the Code of Criminal Procedure is a Kind of paternal or supervisory power which is to be exercised in cases where there is a glaring defect in the procedure or is a manifest error on point of law and co..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......Division. Leave was granted by this Division to consider the following: "Mr. Khandker Mahbubuddin Ahmed, learned Counsel appearing on behalf of the petitioner, submits that the case is pending before the learned Metropolitan Sessions Judge for about 930 days from the date of r..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......put to auction for failure to repay the loan. The petitioner thereupon filed Miscellaneous Case No. 2 of 1999 under Order XXI rule 58(2) read with section 151 of the Code of Civil Procedure, when the case was taken up for hearing the petitioners sought adjournment but the prayer was rejected. Ultima..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......edure against order No. 101 dated 11-8-94 passed by the Subordinate Judge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgaged properties were ordered to be..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ...... against petitioner No. 2 Alamgir Hossain under sections 5(kha) and 5(gha) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. Nari-O-Shishu Nirjatan Daman Bishesh Adalat took cognizance of the case and framed charges against Alamgir Hossain under sections 5(kha) and 5(gha) of the Nari-O-Shish..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......ember of Parliament in the general election held on 12-6-1996 from 21 Rangpur 3 Constituency. After he vacated the office of the President of the country the Bureau of Anti Corruption started several cases against him involving corruption under sections 5(1) and (2) of the Prevention of Corruption A..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ...... Md. Gholam Rabbani J.- Respondent No. 1 Muhammad Habib and his son respondent No. 2 Ahmed Abdullah Lokman and two others are the accused in a criminal case bearing GR No. 929 of 1998 of the court of Metropolitan Magistrate, initiated upon the FIR lodg..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
.... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......to this petition is that, respondent No.1 as plaintiff instituted the aforesaid suit for permanent injunction against the defendants alleging possession in the suit property for over 100 years. Their case is that the suit property is by the side of Mazar of Shah Hingul Shah which is a Waqf property ..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......ctness of the claim of the defendant No. 1 and got the trace of a fraudulent Rent Suit No. 732 of 1954, said to have been filed by the plaintiff and a compromise decree was passed therein. It was the case of the plaintiff that the decree that was obtained in Rent Suit No. 732 of 1954 was fraudulent ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ...... In a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost conside..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......w cause notice. Finally on 19 June, 1988 he was compulsorily retired from service. As against the order of compulsory retirement he preferred appeal but the same was rejected. Thereafter he filed the case before the Administrative Tribunal and the Tribunal set aside the order of compulsory retiremen..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ...... Fazil Madrasha. 26. In Writ Petition No.5425 of 2000 there are 5 petitioners Asia Akhter and 4 others they were the students of Purba Andua Balika Dakhil Madrasha. 27. The petitioners' case is that they were the regular students of different Madrashas as given hereinabove and got thei..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......nas share in the suit land and is lawfully entitled to restoration of possession to the extent of 2 (two) annas share as decreed by the lower appellate Court. The appellant instituted title execution case No. 5 of 1988 for execution of the decree claiming recovery of possession of 0.28 acres of land..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91