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Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
.... house of Abdul Barek, i.e. tike place of occurrence and found the deceased Monowara Begum lying dead with bleeding injuries. He also found bleeding injuries caused by dao blows at the throat and the hands of the deceased. On being asked his nephew, Faruque. (P.W.3) told that his mother (deceased) M......him to the nearby directed Nagori Police Camp with blood‑stained dao that was found near the dead body. 4. P.W.11 Saiful Islam, Police Inspector, came to the place of occurrence and held inquest over the dead body of Monowara Beguin and seized blood stained earth, dao, etc. from the alleged pla......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... he has relied on the decision made in the case of Mazharul Haq Vs. Ishaque Sardar reported in 14 DLR (SC) 251 and in the case of Nannu Gazi Vs. Awlad Hossain reported in 43 DLR (AD) 63. On the other hand, Mr. Serajul Huq has referred to the provisions of sections 169 and 170 of the Code of Criminal...... that opposite parties Nos.1-3, namely, Zahirul Huq, Awal and Abdur Rouf were present at the Bank on the date of occurrence for business transaction, that the opposite parties also filed counter case over the same incident which is pending before the Magistrate. 5. Heard Mr. Abdul Malek the learn...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....r securing highest votes after totaling the votes of all centres secured 2589 and was declared elected and that the Presiding Officer of the East Durgapur polling centre after completing the counting handed over ‘Form Ta’ duly filled in to the respective candidates or their agents and that while......ing highest votes after totaling the votes of all centres secured 2589 and was declared elected and that the Presiding Officer of the East Durgapur polling centre after completing the counting handed over ‘Form Ta’ duly filled in to the respective candidates or their agents and that while the Pr......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
....nnot accept the contention of the learned Assistant Attorney-General that the governÂment has materials to show his prejudicial activity in the government files because if such materials were in the hand of the government then the governÂment should have been able to make specific menÂtion of suc......on (Special Original Jurisdiction) Present: Amin-ur-Rahman Khan J Abdul Hasib J Sekandar Ali (Md.) on behalf of the detenu Abdul Mazid Howlader.............Petitioner Vs. The Government of the People’s Republic of Bangladesh and others.........Respondents Judgment Ja...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ..Category: Criminal Law | Date: | Hits: 117
Fatima Begum (Mst.) Vs. Government of BanglaÂdesh and others, 1989, 18 CLC (HCD)
.... the said OrdiÂnance and as such the impugned judgment and order is without any lawful authority and is coram non judice. 7. Mr. Fakrul Islam, the learned Assistant Attorney-General, on the other hand, submits that the impugned order is not coram non judice as the order was passed by majority of......rt High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chaudhury J Fatima Begum (Mst.)....…........................Petitioner Vs. Government of BanglaÂdesh and others.....................opposite parties Judgment October 25,......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....ment of electric bills and to allow the workers to resume their duties specially when they were retrenched. 7. Mr. M. Fazlul Karim, the learned Advocate appearing for the respondents, on the other hand, submitted that there was no cogent ground for slop-page of work and for lay-off as stoppage of......r, submitted that the learned Labour Court acted without lawful auÂthority in allowing the application and failed to noÂtice that the petitioner stopped the work and declared lay-off on the ground covered by section 6 of the Employment of Labour (Standing Orders) Act and as such the order complain......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...Category: Labour and Industrial Law | Date: | Hits: 193
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....cept the same as those receipts and papers were not legalÂly proved and there is serious risk for the plaintiff to be likely prejudiced and therefore no reliance could be given thereto. On the other hand, the plaintiff oppoÂsite party filed photostat copies of some deeds of sale by the plaintiff-o......ing other points involved in the case. It may be of fact or law. It would include a point which relates to the cause of action for the plaintiff or his locus standi to bring the particular suit. "Moreover, Order XLIV, rule 2, C.P.C invests the Court with the disÂcretion to dispose of the issues of ......arned Subordinate Judge, SecÂond Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..Category: Civil Law | Date: | Hits: 205
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
.... the ship, unless they were shown to be the property of charterers." There is no dispute with regard to this legal position but the facts of this case differ substantially from that of the case in hand. In contradistinction to this case, the dispute in the instant case is with regard to the owner......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....ue Munshi and others by the DIT contrary to the finding of the High Court in Second Appeal No.685 of 1970 which on appeal was confirmed by the Supreme Court in Appeal No.84 of 1974 and possession was handed over to them on 2-4-1984. The petitioner has stated that for creating false and fabricated do...... declared to have been made without lawful authority and of no legal effect and why the respondent No.1, RAJUK should not be directed to cancel the plan approved, if any, for construction of building over 13 acres excess unused acquired land and why respondent No.1 be not directed to refrain from ap......o.2, Capital Property Limited by filing separate Affidavit-in-opposition. 4. The Respondent 1 in essence stated that it was not aware about the settlement of the land measuring 3.41 acres and the management system of the Court of Wards. However, it admitted that out of 18.47 acres of acquired la..Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....nt on threatening these present petitioners to oust them from their ancestral properties. As per provision of the will he being an addicted in alcohol can not be an executor and his own uncle Ramesh Chandra Chowdhury sold out many lands by different Kabala from the will property. After his death his......ther alleging that the previous executor Shyama Charan namely; 4th Executor who obtained the Letters of Administration in Probate Miscellaneous Case No.20 of 1959, already distributed the properties covered by will to the legal heir according to their proportionate share who are owning and possessin......is discharged as being incompetent 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: 51 DLR (HCD) (1999) 460...Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....d Abdul Khaleque started. So, according to him, the accused persons can not be convicted under section 147 even though they may be convicted under sections 323 and 324 of the Penal Code. On the other hand, the learned Assistant Attorney-General with reference to the case of Bangladesh Vs. Abed Ali r......e acquitted by the trial Court on the ground that there was a long standing enmity between the parties, that the accused persons also filed a case against the informant and the witnesses of this case over on occurrence of the same date. The learned public prosecutor Barisal preferred the above appea......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
...., mainly on the ground that the thumb impression of the defendant 3 who was the principal defendant and proposed seller of the suit land to the plaintiff, was not got examined by the plaintiff by any hand writing expert, which was needed to decide that moot question in the dispute whether the defend......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...Category: Procedural Law | Date: | Hits: 137
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....47; Kayasth Trading and Banking Corporation Vs. Sat Narain Singh and others, AIR 1921 All. 149; State Vs. Ziaur Rahman and others, PLD 1973 (SC) 49; Emperor Vs. Hor Das, ILR 40 Cal. 477 (FB); Harish Chandra Vs. Kavinda Narayan Singha, AIR 1936 All. 830 (FB); Dhaka Jute Mills Ltd. Vs. Satish Chandra ......le to be wound up and accordingly appointed the Official Receiver of the Supreme Court of Bangladesh as the Official Liquidator of the said Company‑in‑liquidation directing him to attach and take over the possession of all the properties and assets of the Company‑in‑liquidation wherever situ......loan and the Company utilized the foreign currency loan as well as local currency loan in setting up the said Mills; that the said Jute Mills was nationalised under PO 27 of 1972 and placed under the management and control of the Bangladesh Jute Mills Corporation from the 26th March, 1972; that in t..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....………………………………Respondents. Judgment July 22, 1992. Result: The Rule is discharged without any order as to costs. Cases Referred to- Haramba Chandra Vs. Province of East Pakistan, 15 DLR 452; Md. Ismail Vs. Government of East Pakistan, 21 DLR...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Sarwarjan Bhuiyan and others………………..…………...Petitioners. Vs. Government of the People's ReÂpublic of Bangladesh, represented by the Secretary, Ministry of Land A......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....njury, instantaneously. He said that accused Saiful Islam (appellant No.2). And Shafique Islam (appellant No.3) also entered into the hut along with Quddus, being armed with Cheor and dagger in their hands. He said that his father concealed himself under the dool bamboo container and he concealed hi......s‑examination that his sister‑in‑law Chabi was married with one Abdul Hakim one year back. He said that after the present case was started accused Quddus abducted Faterna @ Chabi and she was recovered and was then married to Abdul Hakim. He denied the suggestion that Chabi was married to accus...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
.... also protested whereÂupon appellant No.4 gave barsha blow on the left side of his head near the eye and appellant No.6 gave ballam blow on'the same place. Thereafter appellant Nos.2 and 3 broke his hand by beating with lathis. 5. Appellant No.5 struck P.W.5 Jarifuddin on the right side of hi......very information relating to the commission of a cognizable offence if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
.... deceased was null and void and not binding upon the plaintiff. It has been averred in the plaint that there was a dispute between the plaintiff and his father Mvi. Abdus Sobhan since deceased on one hand and Ataur Rahman, his full‑brother on the other hand over their paternal properties and ultim......ff. It has been averred in the plaint that there was a dispute between the plaintiff and his father Mvi. Abdus Sobhan since deceased on one hand and Ataur Rahman, his full‑brother on the other hand over their paternal properties and ultimately the dispute was referred to the 7 arbitrators, defenda......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428...Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....˜â€˜The competent authority reserves the right to reject any of all tenders without assigning any reasons thereof." The petitioner being highest bidder expected that the said Cafeteria would be handed over to him, but on account of delay on the pan of the authorities the petitioners, it is all......fullfilment of obligations envisaged in clauses (6), (7) and, (9) shall lead to cancellation of the offer automatically without notice and the earnest money of Tk. 5,000.00 shall be forfeited to the Government" The last term 12 is: ‘‘The competent authority reserves the right to reje......g that previously Bangladesh Parjatan Corporation taking lease of 3 Restaurants namely, Ruchita, Shakura and the floating Restaurant Mary Anderson leased out those restaurants to private concerns for management and so if the Ramna Cafeteria is leased out to the Parjatan Corporation they would behave..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....aving been made during the period of economic distress for reasons of such distress. Rahima Begum appeared and filed a written objection denying Abdul Baten's allegations. Two witnesses namely Nirod Chand Saha identifier of the Kabala dated 5.4.74 and one Abdur Rahim Fakir were examined on behalf of......ms Ordinance. He points out that the legislature cannot be said to have been unaware of the provisions of the said Ordinance and yet no exception was provided for in the later law which would prevail over the earlier law that is the said Ordinance. Mr. Karmaker has no reply except the submission tha.......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...Category: Property Law | Date: | Hits: 110
.... the Administrative Tribunal because the AdÂministrative Tribunal has to take its own decisions under Rule 7 with regard to the execution of its own decisions and orders.
16. The argument of Mr. Khandker Mahbubuddin Ahmed, learned Advocate for the petitioner, folÂlows the language of Article 10...... dated 3.11.85 passed by the AdminisÂtrative Tribunal, Dhaka in Case No.36 of 1985.
2. The petitioner is a Subject Matter Officer, Upazila Krishi Office, Habiganj in the Ministry of Agriculture, Government of Bangladesh in the New National Scale of Pay of Tk. 750-1470/-. He filed an application ......a) the terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments;
(b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, ..
Category: Administrative Law | Date: | Hits: 445
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