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Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ......ons. 2. The plaintiffs filed the aforesaid title suits for declaration that two kabalas are forged, false, fraudulent, void, without consideration and not binding upon the plaintiffs. The plaint case is that the plaintiffs are the owners of the land by succession from their ancestor Charag Ali.......tle suits for declaration that two kabalas are forged, false, fraudulent, void, without consideration and not binding upon the plaintiffs. The plaint case is that the plaintiffs are the owners of the land by succession from their ancestor Charag Ali. The plaintiffs are in possession of the suit land..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ......rruption Officer, Cox's Bazar, for investigation into the complaint, fixing 18‑4‑92 for submission of investigation report to this Court". 2. Subsequently after investigation of the case District Anti‑Corruption Officer submitted his report and by the order dated 4‑6‑92 learn......sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ..Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134
Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)
....ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464....... by the Sessions Judge, Gopalganj in Sessions Case No.13 of 1995 framing charge against opposite party No.1 under section 364 of the Penal Code and discharging the opposite parties No.2 to 8 from the case instead of taking cognizance against them under section 6 of the Cruelty to Women (Deterrent Pu......ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464...Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)
....eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......spondents Judgment December 11, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 [V of 1908], Section 148 In a case where a court passes a decree for specific performance of contract the court retains the juris......eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ...... 302 of the Penal Code to which he pleaded not guilty. 4. The defence of the accused was that the occurrence did not take place in the manner as alleged and he has been falsely implicated in the case. 5. P.W.1 stated that occurrence took place some time after 11-00 PM on the night followin......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......inly lacking in the present transaction. The statements made by the plaintiff in ext. 8 (ka) and 1 that the defendant was yet to take a decision and the plaintiff’s tender was pending, which is the case of the defendant, knock the bottom out of plaintiff suit for specific performance of contract, ...... defendant contends that the finding was wrong both on fact and law, leave was granted to consider the said contention. Plaintiff’s case, briefly, is that, the schedule property comprising land and building being holding Nos. 9 and 10 Old Bank Road, and 13 of B Das Road, Narayanganj compr..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......ced before this Court so that this Court may satisfy itself that the said detenu is not being held in custody without any lawful authority in an unlawful manner and is of no legal effect. 2. The case of the petitioner is, in short as follows: The petitioner No.1 Rehana Begum aged about 18 ......le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ..Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184
....his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
......came to Rajshahi University campus after the swearing, in ceremonies of the office bearers of RUCSU and attacked and assaulted some persons being equipped with unauthorized arms for which Pabna P. S. case No.12 (7) (72) u/s. 148/323 B.P.C. was started but the said case ended in Final Repor......his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ......ed-peitioner under section 561-A of the Code of Criminal Procedure for quashing the proceeding in G.R. Case No.765 of 1976, arising out of Puthia P.S. Case No. 4 dated 5.7.76 and Puthia P.S case No. 7(2)C in G.D. Entry No. 601 dated 20.6.76. 2. The short facts necessary for the dispos......ried under the present Martial Law Regulations. In interpreting a penal statute which is made effective retrospectively reference may be made to paragraph 645 at page 425 of Halsbury's Laws of England, volume 38, Third Edition which runs thus: "The presumption against retrospection app..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)
....passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ......fore this Court so that it may satisfy itself that she is not being held in custody without lawful authority or in an unlawful manner and why she should not be set at liberty forthwith. 2. In this case the victim girl Tapati Rani alias Boby Rani is in judicial custody. Challenging such keeping he......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ..Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......ilding Finance Corporation for improvement of the house. Thereafter on 1‑10‑89 she orally gifted the property in question to the other petitioners who are her husband, sons and daughter. Specific case of the petitioners is that after the said oral gift the petitioners applied to the respondent N......uestion to Mr. Shawkat Sadullah in whose favour a travel permit was issued by the Director of Immigration and Passports, Bangladesh on 3‑3‑1972 for travel to India, UK, France, Italy, Belgium, Holland, Switzerland and Federal Republic of Germany. He sold the property in question by registered sa..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
....89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......e setting aside the ex parte decree dated 28‑9‑89 passed in SCC Suit No.157 of 1985 of the 1st Court of Assistant Judge and SCC Judge, Dhaka. 2. Short facts relevant for the disposal of this case are that, the petitioners as plaintiffs instituted a suit for eviction of the defendants in the...... circumstances he was compelled to sub‑let the suit premises to defendant No.2. 4. Case of defendant No.2, as made out in his written statement, appears to be that one Abdul Habib Khan was the landlord of the suit property and Abdul Malek was the tenant under him. On the death of said Abdul M..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
....ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......is appeal is directed against the judgment and order of conviction and sentence dated 27-6-1993 passed by the learned Special Tribunal No.3, and Assistant Sessions Judge, Faridpur in Special Tribunal case No. 31 of 1992 convicting the accused-appellants under sections 4(B) and 9 of the Cruelty to Wo......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466...Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
..... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......he Adalat to consider whether a prima facie offence has been disclosed in the F.I.R. charge- sheet and other materials on record against the accused and if so, the Adalat shall take cognizance of the case and give a hearing to the prosecution and the accused for the purpose of framing charge under s....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......and MA Razzak, Deputy Assistant Director, on behalf of Director General, Bangladesh Rifles, to show cause as to why the proceedings in Special Case No.45 of 1993 arising out of Lalbagh police station case No.21(12)/91 now pending in the Court of Special Judge and 3rd Additional Sessions Judge, Dhaka......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ...... Case No. 18 of 1995-96 under section 3 of the Acquisition and Requisition of Immovable Property Ordinance (hereinafter referred to as “the Ordinance”) and the proceedings of the land acquisition case itself. The LA Case relates to acquisition of 0.7235 acre of land of BS plot Nos. 162, 163 and ...... in Chittagong LA Case No. 18 of 1995-96 under section 3 of the Acquisition and Requisition of Immovable Property Ordinance (hereinafter referred to as “the Ordinance”) and the proceedings of the land acquisition case itself. The LA Case relates to acquisition of 0.7235 acre of land of BS plot N..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......spondent, fanned its wings, thanks to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enforceable in Bangladesh, whether the......pellant from the judgment and order dated 8-2-96 passed by a Division Bench of the High Court Division making the Rule absolute in Civil Revision No. 3934 of 1994 concerning whether the Court in England or the Court in Bangladesh has jurisdiction over an arbitration in terms of an Agreement betw..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
....it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ......held with no result. The said petition, however, was sent to the local police station for investigation and report. After holding investigation the police submitted report stating that no prima facie case has been made out the accused-petitioner. Against the report a protest petition (Naraji) was fi......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148.......published in the Bangladesh Gazette, Extraordinary, 23rd September,198 Petitioner filed application under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 and thereupon case No. 277 of 1987 was registered before the Court of Settlement, Dhaka.
3. The respondent i.e.......-10-B), Dhaka, of the Court of Settlement, Dhaka or pass such other or further order or orders as to this Court may seem fit and proper.
2. Facts, in short, as stated in the petition are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by the then ..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......o why he shall not be proceeded with for committing contempt of Court of the Special Judge, Nari-o-Shishu Nirzatan Doman Adalat, Barisal and why he should not be punished accordingly. 2. In this case one Subbatara Begum is the petitioner. It is her case that while she was sleeping in a hut in t......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
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