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Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
....f the deceased has said that on 22.9.1991, in the night, when Hablu was found missing he came to learn from P.W.3 Shamsu that he saw Hablu with the appellant Mosharrof in Trimohoni Bazar after Magrib prayer. If that be so, this fact would surely find place in the G.D.E. made by Saiful Islam, son of ......hia Police Station Case No. 6(3)92 corresponding to G.R. No.30 of 1992 convicting the appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that one Saiful Islam, brother of the deceased, ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
.... not. The genuineness of the alleged purchase deeds of the defendant‑petitioners is not so much relevant and important in the suit and as such the learned Subordinate Judge has rightly rejected the prayer of the defendant‑petitioners for examination of the thumb impression i.e. LTI of the defend......) of the Code of Civil Procedure and is directed against an order being Order No.89 dated 6.10.90 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting an application for examination and report of the LTI of defendant No.1 Nihar Bala appearing on two sale‑deeds 29.......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ..Category: Procedural Law | Date: | Hits: 84
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....2.4.84 but according to section 5 quoted above he ought to have asked for extension prior to the expiry of leave on 12.4.84. Further, even if his application for extension on 13.4.84 is accepted, his prayer for extended leave expired on 22.4.84 but he did not join his duty on that date. Thereby he a......nd to be of no legal effect. 2. Pending hearing of the Rule, operation of the impugned order dated 15.6.87 reinstating the respondent No.2 to his previous post was stayed. 3. The relevant facts for the disposal of the Rule are as follows: The petitioner Chittagong Textile Mills Ltd. is a pu...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....15(1) of the Code of Civil Procedure and is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2....... the Code of Civil Procedure and is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2. Facts r......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....s: ‑ The petitioner as plaintiff No. 2 along with 2 others namely, opposite Parties Nos. 4 and 5. Shamsul Arefin and Md. Mostafa as plaintiff Nos. 1 and 3 filed Title Suit No. 173 of 1984 with a prayer for declaration that the order dated 24.11.70 made by the Vice President of the United Bank L......parties to show cause as to why the impugned judgment and order dated 28.5.87 of the Court of Munsif, Satkhira passed in Title Suit No. 173 of 1984 should not be set aside. 2. Short facts relevant for the disposal of the rule are as follows: ‑ The petitioner as plaintiff No. 2 along with 2 o...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..Category: Administrative Law | Date: | Hits: 189
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....nvest money for which the defendant No. 1 entered into the contract to sell the suit properly was frustrated. Since the plaintiff avoided his obligations under the contract he was not entitled to the prayer for decree and the suit was liable to be dismissed. 5. The defendant No. 5 also contested ...... instance of the plaintiff‑appellant is directed against the judgment and decree dated 18.2.1989 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No. 29 of 1983 dismissing the suit for Specific Performance of Contract for sale of the suit property after declaring that the defendan......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e concerned local Member of Parliament, respondent No.8 submitted a proposal for an Ad-hoc Committee on 13.09.2009 for approval nominating respondent No.6 as President of the Ad-hoc Committee. In his prayer in the writ petition the petitioner sought a direction upon respondents No.2 and 3 to approve......the petitioner. A.F.M. Meshbahuddin, Senior advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For respondent No.8. Not represented- Respondents No.1-7, 9 & 10. Civil Petition for Leave to Appeal No.396 of 2010. (From an order dated 14.01.2010 passed by the High Court Divi......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ..Category: Others | Date: | Hits: 148
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....of Karamza and Sharisha Mouza inviting objection and suggestions, if any, regarding inclusion of those areas within Bera Paurashava. A large number of people of the area filed a representation with a prayer for inclusion of the area within Bera Paurashava. The UNO wrote to the DC on 06.09.2000 that .......) Not represented- Respondents No.1-8 (In Civil Appeal No.218 of 2007.) Not represented- the respondents (In Civil Appeal No. 126 of 2006.) Civil Appeal No.218 of 2007 with Civil Petition for Leave to Appeal No.126 of 2006. Judgment Muhammad Imman Ali J. - Leave was granted to con......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 152
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....als placed before him took a view that the question of res judicata was irrelevant in the facts of the case and accordingly passed an order directing the issues to be framed, purporting to refuse the prayer of the defendant. Being aggrieved the petitioners who were in the meantime substituted in pla......dhansu Kumar Barai and others........Petitioners Vs. Abul Hashem and others ...................Opposite Parties. Judgment February 7, 1990. Lawyers Involved: Mujibur Rahman Talukder for PC Guha, Advocates ‑For the Petitioners. Tapan Kumar Chakroborty, Advocate ‑ For the Oppo......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ..Category: Property Law | Date: | Hits: 80
Dulal and others Vs. State, 1990, 19 CLC (HCD)
....te granted them bail without any legal authority. In this connection it may be pointed out that after the appeals of the petitioners were dismissed, the Appellate Court could grant them bail on their prayer under section 426 of the Code of Criminal Procedure, but the Magistrate had no authority or j......Amirullah Chowdhury, Advocate ‑ For the Petitioners. J K Paul, Advocate ‑ For the State. Criminal Revision Case No. 645 of 1990. Judgment Abdul Bari Sarkir J. - This is an application for bail. 2. Heard the learned Advocates and perused the application. 3. The accused ‑petiti......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ......s should be released on bail on furnishing fresh bail bond to the satisfaction of the Deputy Commissioner, Mymensingh within two (2) weeks. Ed. This Case is also Reported in: 43 DLR (1991) 321. ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....y the defendants apologised to the plaintiff by expressing regret and requested the plaintiff to compound the case to which the plaintiff agreed and the case was accordingly disposed of on 10.9.69 on prayer of both parties. Even after the disposal of that case the defendants who had litigation with ......hman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the def......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....to, furnished 42 names claiming them to be co‑sharers in the disputed holding on behalf of the pre‑emptors an application was subsequently made seeking exemption from adding the said persons. The prayer was allowed. After a lapse of about 5 months, the pre‑emptors made a prayer for amendment o......te ‑ For the Petitioner. Not represented-the Opposite Party. Civil Revision No. 989 of 1990. Judgment Bimalendu Bikash Roy Choudhury J. - Petitioners are pre‑emptors in an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, pending before the lear......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....assed by another Bench of this Court in Criminal Miscellaneous case No. 34 of 1991 on 21.1.91. Considering the above facts and circumstances of the case and the legal position discussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is mad......ocates ‑For the Petitioner. M. Shasul Alam, Deputy Attorney General ‑ For the State. Criminal Miscellaneous Case No. 54 of 1991. Judgment Abdul Bari Sarker J. - This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. The petitioner Zulf......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312.......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....then the petitioner did not provide her or the child any maintenance and as such, she filed a suit before the Family Court for past maintenance for herself and the child. The Family Court allowed the prayer of the opposite party and decreed the suit for past maintenance from 5th Magh, 1381 BS @ Tk. ......f Civil Procedure an order granting past maintenance along with other relief to a divorced wife and her son has been challenged. 2. The opposite party of this revisional application filed a suit before the learned Munsif, Fulbaria Upazila, in the District of Mymensingh, acting as the Family Court......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301...Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
.... witnesses in the aforesaid suits and it was found that some material documents produced by the petitioner were not marked as Exhibits. Thereupon on 28.3.90 the petitioner filed an application with a prayer that his documents namely, the insurance policy, bonus savings certificates, the four letters......alling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should not be set aside. 2. The facts for the disposal of the rule are: On 28.9.87 the petitioner filed the suit No. 10 of 1987 in Fami......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....ীর্বীত করনের পদক্ষেপ গ্রহণ করিতে পারেন।” 3. Therefore the two accused petitioners have come up with this application with the prayer that this Court should modify the said order dated 6.8.89 passed by the Divisional Special Ju...... 338 of 1989. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamaluddin and MA Karim for issuing a Rule calling upon the State to show cause why the order dated 6.8.89 passed by Mr. Mun......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
....he Court. The plaintiff opposite parties then again on 4.9.89 filed another application under Order 6, rule 17 of the Code of Civil Procedure for further amendment of the plaint for addition of a new prayer in respect of cause of action of the suit. In spite of objection from the side of the present......ties instituted Title Suit No. 288 of 1976 in the 2nd Court of Munsif, Dhaka which was subsequently‑ transferred to the Assistant judge, Savar, Dhaka and re‑numbered as Title Suit No. 372 of 1984 for a declaration of title in the suit properties wherein the defendant petitioner was added subsequ......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....nd others by in order dated 15‑1‑88. 3. Being aggrieved, the petitioner filed the above Criminal Revision No. 8 of 1988 before the learned Sessions Judge who by the impugned order rejected the prayer for referring the case to this Court. The petitioner then obtained the present Rule. 4. Mr.......89 passed by Mr. MH Bhuiyan, Sessions Judge, Barguna in Criminal Revision No. 8 of 1988 under sections 435 and 438 of the Code of Criminal Procedure. 2. The short facts of the case are that the informant Kasem Ali lodged a First Information Report in Barguna police station on 4‑7‑87 to the e......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
....performance of contract should be inserted after the 'words "suit for declaration" in the cause title of' the plaint. Thereafter another paragraph to be added as paragraph 10(a) in the plaint. In the prayer portion after prayer No. (a) following new prayer may be added,
"(aa) to pass a decree for......gment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 952 of 1981 decreeing the suit in favour of the plaintiff.
2. The defendants are the appellants before this Court. The plaintiff‑respondent, a limited company, instituted the aforesaid title suit ......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
..
Category: Property Law | Date: | Hits: 73
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....prepared sketch map Ext. 4 with its index. He had a secret information that the condemned prisoner killed his Wife and accordingly he arrested and forwarded him to the Upazila Magistrate Court with a prayer for recording his confessional statement under section 164 of the Code of Criminal Procedure ......ference Case No. 3 of 1988 Judgment Bimalendu Bikash Roy Choudhury J. - This reference has been made by the learned Sessions Judge, Bakerganj under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed on accused Kalu Bepari under section 302 of the Pen......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
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