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.... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
...... 1359 BS by a registered lease deed dated 6th Kartick 1359 BS and thus the petitioner after, his father's death and his co‑sharers have been in possession of the said fishery in leasehold right. In case No.92 of 1958 on 1-4‑1958 the said fishery was leased out to Abdur Rahman and Darbesh Ali by ..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ...... of Customs, Chittagong since 30‑9‑84. Subsequently he was promoted to the rank of Jamadar. He has rendered his service to the satisfaction of his superior officers and detected several smuggling cases for which he was appreciated by the superior officers and was rewarded in many cases including..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......w cause as to why the impugned memo Annexure V and the orders contained therein shall not be declared to have been issued and passed without any lawful authority and are of no legal effect. 2. The case of the petitioner, in brief, is that the petitioner was appointed and authorised to perform the..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......tes of America declares: "No person shall be deprived of his life, liberty or property without due process of law." Fourteenth Amendment also imposes similar limitation on the state. In the case of Munn Vs. Illinois, (1877) 94 US 113 in his dissenting Judgment Field J: interpreted “lifeâ..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......within 180 days from the date of their knowledge of the property being included in the 'Kha' list as the Settlement Court was not then functioning, so the application challenging the inclusion of the case property in the 'Kha' list is maintainable under Article 102 of the Constitution……………..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Enayet Vs. State, 1996, 25 CLC (HCD)
....ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......ed for Nasrin but could not recover her. On 15‑11‑90 he lodged a First Information Report with Uzirpur Police Station. Thereafter victim Nasrin was recovered. Police made due investigation in the case and submitted charge‑sheet against the accused. 3. The prosecution examined 9 witnesses ..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....r it was bounden duty of the learned Subordinate Judge to suo-motu inquire as to the validity or legality of the award before making the same as the rule of the court because jurisdiction goes at the root. In a case reported in 6 D.L.R.473 in which Mr. Pal was a party, it has been held that section ......shy;laneous Appeal at the instance of the second party appellant is directed against the judgment and decree dated 30.11.1992 passed by the Subordinate Judge, First Court, Dhaka in Miscellaneous case No.71 of 1991 making the award dated 21.2.1991 given by the sole arbitrator Mr. Justice Sultan ..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ......ts Judgment January 31, 1996. Result: The appeal is allowed. Physical appearance may not always provide a correct guide for ascertaining the age of a girl child who is growing up. In some cases physical development may take place which may be regarded as precocious while in some other ca..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Masum and others Vs. State, 1996, 25 CLC (HCD)
.... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ......n the sentence. The appeal relating to the other appellants is allowed. An injured witness is not expected to name the wrong assailant so as to shield his real assailant. Even in a murder case witness can be partly believed and partly disbelieved. The rule that the evidence false in part..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......55 of Value Added Tax Act, 1991. He further submits that said demand is vague and Chairman and the Member of the Board of Revenue also did not consider the materials on record and legal aspect of the case and came to wrong decision occasioning failure of justice. He further submits that the petition..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......ter Industries Limited instead of Taka 16,66,682.70 showing purchase of pound @Taka 40.95 and thus misappropriated the sum of Taka 2,50,470.50 paisa by falsification of accounts. 5. In complainant case No.768a1/1984 which gave rise to Special case No.61 of 1986 complainant opposite party alleged ..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......istrate) may himself make, or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub‑section (3) of section 204, or into the case of any (person accused of an offence) who has been discharged." (Provided that no Court shal..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ...... No.7 of 1983 in the Court of Subordinate Judge, Munshiganj for specific performance of the same contract against defendant Nos.1‑4 but as village elders asked both the parties to withdraw pending cases both in criminal and civil Courts for settlement of the dispute the plaintiffs on good faith..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......the sale proceeds paid Taka four lacs to petitioner No.1 Moulana Abdul Mannan as gratification through UNO, Shah Mokshad Ali. 3. All the three petitioners, were on bail granted by the Court. The case being Gulshan PS Case No.23(9)88 under sections 409/109/165A/161 read with section 5(2) of Act ..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......ite parties on the ground that Sirajuddin Mollah, the predecessor of the said opposite parties, was, monthly tenant under them and he became defaulter and violated the terms of tenancy agreement. The case of the petitioners is that they purchased the suit lands along with other lands and building fr..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....o the petitioner's reputation and liberty. He argues that the complaint had been made after a year of the alleged beating without any reasonable explanation and such inordinate delay cuts at the very root of the prosecution story, particularly when even after the alleged last incident of beating she...... in connection with Sylhet Kotwali PS Case No.4 dated 2.3.93 under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance pending in the Court of Thana Magistrate Sadar, Sylhet. 2. The case arose out of a petition dated 28.2.93 made by informant Sultana Jasmin Khan (Shaopa), daughter ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......es-For the Petitioner (In Criminai Miscellaneous Case No.464 of 1994). AFM Shahid, Deputy Attorney-General with Syed Abu Kowser, Assistant Attorney General- For the Opposite Parties (In both the cases). Criminal Revision No. 668 of 1994 with Criminal Miscellaneous Case No. 464 of 1994. Ju..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......udge, Akhaura on 3.6.90 claiming Taka 1, 32,500 for prompt dower, maintenance, medical expenses and value of gold ornaments, against the petitioner and the defendant opposite parties 2‑4. 3. The case of the plaintiff opposite Party No.1 was that she was married with the petitioner according to ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......1.1.88 with a further prayer of pendente lite interest @ 20% per annum on and from the date of filing till the realisation of the decretal dues with cost and other charges. Ultimately on 31.10.90 the case was transferred to the 1st Artha Rin Adalat. Chittagong by virtue of amendment of section 9 of ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
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