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Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....cted with the murder of Elias. 8. Prosecution has examined 26 witnesses but defence examined none. Prosecution has assigned a motive for this murder. The fact that victim Elias was murdered is not disputed by defence. Further overwhelming evidence of P.Ws. and Medical evidence coupled with inques......itself being extenuating circumstance was sufficient to commute death sentence. In order to support this contention reliance was placed an aforesaid two decisions but his Lordship A.T.M. Masud, (J) holding different view did not follow principle laid down in those decisions. 17. In the case o..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ...... The police took up investigation, visited the place of occurrence, prepared sketch-map with separate index thereof, prepared inquest report of the dead body of the deceased and sent it to morgue for holding post-mortem examination, seized alamats by preparing seizure lists, produced some of the wit..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......s for the presidential and parliamentary elections and conduct of such elections in the Election Commission. Election is a long, elaborate and complicated process which starts with notification for holding the elections and ends with the declaration of the result of polling in the manner presc..Category: Election Law | Date: | Hits: 231
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
...... Bangladesh. The petitioners have alleged, they, their family members and dependents own and hold the aforesaid 1,76,500 shares out of a total 3,25,000 shares of the said Purbachal Jute, as they were holding before nationalisation of the Industry, and that they constitute 58% of the total shares and..
Category: Company Law | Date: | Hits: 162
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....ner that the learned Advocate for the appellant did not appear when suit was called on for hearing is not borne out by record. It is also denied on the side of the opposite parties. It could not be disputed by the learned Advocate for the petitioner that whether the learned Advocate for the appell......out so as to attract the revisional jurisdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119...Category: Procedural Law | Date: | Hits: 116
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ...... the suit upon the findings that the suit as framed is competent, that the plaintiff has title and he is in exclude possession of the suit plot, that the defendant No.3 being a lessee has no right of holding over in the leased out property let alone the question of having title therein and that the ..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......signature as well as the signature of defendant No.1 in the said baina as Exhibits 1/1 and 1/2 and after hearing, the learned Subordinate Judge, by the impugned judgment and decree dismissed the suit holding that no attesting witnesses of the baina came forward to prove Exhibit 1, the baina, and tha..Category: Property Law | Date: | Hits: 104
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....fficial record issued the same. 14. In this case death of deceased Habibur Rahman on 2.11.86 at the Dhaka Medical College Hospital or his sustaining injuries on 29.10.86 at his residence is not disputed. Death of the victim has been proved by the evidence of some of the P.Ws. including the inf......nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....e bill of lading No.10 dated 29.09.1967 Ext.2 as already said, it is stated that all the terms of the carrier's regular form of bill of lading are incorporated herein with like force and effect and undisputedly in the regular form of bill of lading it is provided that the goods shall be delivered at...... the customs during these 4 days. 3. As a result survey could not be held within that time. The plaintiff requested defendant No.4 by their letter Ext, 5(c) dated 02.03.1968 to extend the date for holding the survey but defendant No.4 by their letter Ext-5(c) dated 7th March, 1968 expressed the..Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....grieved the defendants have called in question the propriety of the order in this rule. 8. The fact that there was other remedies available to the defendants for setting aside the decree is not disputed. It is also not in dispute that as a general rule the powers of the Court under section 151...... 1973 for specific performance of a contract for sale of 13 kathas of land including a two storied building at 3, New Bailey Road, Dhaka on the allegations that petitioner No.1 being the owner of the holding executed an agreement dated 15.8.71 for sale of the same to him at a consideration of Tk. 1,..Category: Procedural Law | Date: | Hits: 130
....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545.......thout jurisdiction and there is no hat or bazar on the suit land and for permanent injunction restraining the said defendant opposite parties from treating the suit land as hat or bazar and also from holding any auction for the suit land and for mandatory injunction directing them to remove the huts..
Category: Property Law | Date: | Hits: 123
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....bordinate Judge, Khulna where it was registered as Title Suit No.5 of 1959. In the letter of reference 11 persons including the government were shown as persons claiming title and possession over the disputed land. However, after service or notice under section 5 of the said Act by the Court 40 more......n 1940 the Government again surveyed the land of Touzi No.1140. Along with land accreted to this touzi were delineated in the map so prepared and separate khatians were in the names of those who were holding the land contiguous to their Ash land. But there was no survey of the land accreted to Touzi..Category: Property Law | Date: | Hits: 118
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ...... this, case we have already referred that the Appellate Division of the Supreme Court has already interpreted the definition of industrial dispute in the case reported in 30 DLR (SC) at page 251 by holding as follows:— 'Such an industrial dispute shall not be deemed to be in existence unless,..Category: Labour and Industrial Law | Date: | Hits: 204
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......ated 23-9-2008, passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of 2005 (Originally Title Suit No.135 of 2003) decreeing the suit in favour of the plaintiff-landlord, holding that the defendant tenant is a defaulter and, as such, he is liable to be evicted and was al..Category: Tenancy Law | Date: | Hits: 190
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......-‘G’ to the writ petition). 3. That the relevant facts for disposal of the case are as follows: The respondent Nos.1-29, who were the writ petitioners, were employed by Bangladesh Railway holding the same post without any promotion since their appointment. They joined in different posts ..Category: Employment/Service Law | Date: | Hits: 222
....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......aintiff examined 5 (five) P.Ws. and the defendant examined 1 (one) D.W.
7. Upon considering the evidence on record the trial Court dismissed the suit by the judgment and decree dated 30.01.2006 holding that the suit was barred by res judicata and the plaintiff failed to prove his possession an..
Category: Property Law | Date: | Hits: 181
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......f same nature and between same parties is not permissible rather is no provision of single trial in this Act. Moreover, section 233 of the Code of Criminal Procedure does not completely debar from holding joint trial. This section has some exceptions. Section 235 is exception to the general ru..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
.... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ......registered as case No.1019 of 1992 (Ka 9 Mymensingh) against Serial No.9 at page 9762(70) and the 2nd Court of Settlement Dhaka by judgment and order dated 10-12‑1998 allowed the petitioners case holding that the schedule building being 5 Bagmara Road (also known as 5 Medical Gate Road PS Kotwal..Category: Property Law | Date: | Hits: 106
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......e Executing Court ought to have made an enquiry whether the above assertions of the judgment-debtors were true or false, before passing the order of Civil imprisonment. I am of the view that in not holding such inquiry, the Executing Court committed an error of law and the learned Additional Distr..Category: Civil Law | Date: | Hits: 166
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......hala Bighnakari Aporadh (Druto Bichar) Ain, 2002. 4. The case was transferred to the Court of the Magistrate, 1st class, Dinajpur and Ain Sringkhata Bighnakari Aporadh (Druto Bichar), Dinajpur for holding trial, who framed charge against the accused petitioner under section 4(1) of Ain Sringkhala..Category: Criminal Law | Date: | Hits: 87
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