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Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......ting anybody. So an angry or en­raged man before commission of some offence like that of murder or assault gives out some sort of emotional outbursts which find expression in his movements, gesture, posture and in the concomitant actions. This attitude may be called "hostile attitude” quite diffe......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..

Category: Criminal Law | Date: | Hits: 141

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....ng facts there is no escape from inferring that enjoyment of the pathway was continuous, quiet and uninterrupted and in the exer­cise of right asserted by the plaintiff. Further the recording in the registered kabala of the defendant and also in the kabala of his predecessor dated 21.6.1932 about t......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......LR 327; Abdul Hafiz and others Vs. Mafizuddin and others 7 DLR, 577; Girijanandini Devi Vs. Bijendra Narain Chowdhury A.I.R. 1967 S.C. 1124; Mahmud Ali and another Vs. Bangladesh & ors. 1986 BLD (AD) 56. Lawyers Involved: M.A. Mannan, Advocate—For the Petitioners. Md. Abdul Gafur, Adv..

Category: Civil Law | Date: | Hits: 152

Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)

.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......r is void and that the opposite party No.1 has been duly elected are set aside. The election as a whole is declared to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (H...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ..

Category: Election Law | Date: | Hits: 187

Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)

....ion to the authority concerned for not treating the property in question as abandoned but it was of no effect. The said sons of Abdul Jalil sold, the said property to the father of the plaintiff by a registered kabala dated 30.6.80, but the plaintiffs father was not aware of the fact that the suit p......r interference by this Court. In the result, 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 (HCD) (1996) 161.......r interference by this Court. In the result, 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 (HCD) (1996) 161...

Category: Property Law | Date: | Hits: 107

Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)

....th fire‑arms and lathies attacked him and others and caused injuries which ultimately resulted in the death of two persons, namely Rab and Sobhan. Police on receipt of this First Information Report registered the case as Tungigari PS Case No. 5(4)93 and after investigation submitted charge‑sheet......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..

Category: Criminal Law | Date: | Hits: 99

State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......ice started investigation into the cast and examined the witnesses under section 161 CrPC. Police had already made inquest report of the deceased Humayun Kabir, sent the dead body to ­the morgue for post mortem examination. Police also arrested Jahangir Hossain who was caught on 16.9.88 at about 11......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..

Category: Criminal Law | Date: | Hits: 73

Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)

.... been raised against submission of the said charge‑sheet the same was accepted by the learned Upazila Magistrate on 1.7.90 and the case record was sent to the Court of the Sessions and the case was registered as Special Tribunal Case No.64 of 1990 in that Court. On 22.1.91 Sessions Judge Special T......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...

Category: Criminal Law | Date: | Hits: 82

Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)

....d persons named in the charge sheet and recommended for trial. 6. The learned Sessions Judge received the Case on 18.5.92 with 12 accused persons who were sent up to him for trial and the case was registered as Sessions Case No.53 of 1992. The learned Sessions Judge took cognizance of the cast ag...... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143....... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143...

Category: Criminal Law | Date: | Hits: 92

Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)

....0. The land under pre‑emption is part of those lands. On 23.7.85 Alauddin opposite party 2 and Baser Pramanik @ Baseruddin Pramanik the pre‑emptee opposite party 1. both as transform executed and registered a deed of exchange (Ext.1) showing transfer of 0.20 acres land (case land) by Alauddin, w......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137....... The Rule is discharged. The pre-emption is allowed. Cases Referred to- Sree Radha Raman Karmaker Vs. Hari Mohan and others heard along with Sufi Golam Mohiuddin Vs. Hafizur Rahman, 36 DLR (AD) 1; Balai Chand Mondal Vs. Nivaran Chandra Das, 51 CWN 644; Province of East Pak Vs. Md. Hossain,..

Category: Property Law | Date: | Hits: 89

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......d and also some decisions of the Courts of Bangladesh and also of American Jurisdiction submitted before this Court at great length that section 10 of Act 27 of 1991 provides that the election of the post of President shall be by open ballot by the Members of the Parliament, each member of the Parli......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..

Category: Constitutional Law | Date: | Hits: 414

MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

....quirement as alleged. Hence the suit is liable to be dismissed with Costs. 4. The plaintiff examined in all two witnesses including the postal peon and filed a number of documents including the registered deed of transfer of the suit property in his favour. The defendant ­petitioner examined ...... interest over the suit property and he has no bonafide requirement as alleged. Hence the suit is liable to be dismissed with Costs. 4. The plaintiff examined in all two witnesses including the postal peon and filed a number of documents including the registered deed of transfer of the suit pr......ithout any order as to costs. Cases Referred to- Mohammad Salim Vs. Mohammad Siddiq Jamal & others 22 DLR 841; Merajuddin Ahmed Vs. Md. Anwarul Islam & another 26 DLR 314; 33 DLR (AD) 55; 29 DLR (SC) 13; 29 DLR 314; 17 DLR 677; 19 DLR 905; 19 DLR 314. Lawyers Involved: ..

Category: Civil Law | Date: | Hits: 140

SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)

....ined the Rule without first submitting to the jurisdiction of the Labour Court which issued the process against them in the criminal case in question. Their case is that the respondent No.4 Union was registered on 14.11.88 and this fact along with the list of office‑bearers aw members were communi...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582....... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...

Category: Labour and Industrial Law | Date: | Hits: 176

M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)

....allotted to Md. Shahinur Islam, Md. Sadeque and Akhtara Begum at a total price of Tk. 23,22,600.00 which they deposited on 18.9.89. Possession of the land was delivered to them and the lease deed was registered in their favour on 21.10.89 and on the very next day on 22.10.89 the lessees filed petiti......undue pecuniary advantage by abusing his official position as a public servant will be decided at the time of trial and at this stage it cannot be said that the prosecution case in this respect is preposterous and is a case of no evidence or on admitted facts it discloses no offence." It is fu......te .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten Kheng Hock, 31 DLR (AD) 69; Ha..

Category: Criminal Law | Date: | Hits: 81

Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)

....nd by way of Osiatnama. On that understanding plaintiff-opposite-party and husband of petitioner No.1 went to Gurudaspur Sub-Registrar's Office on 30.12.75 and plain­tiff opposite party executed and registered deed of Hiba-bil-Ewaj. The said deed was not read over and its contents were not explaine......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...

Category: Property Law | Date: | Hits: 134

Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)

....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516...

Category: Family Law | Date: | Hits: 255

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....ts 1-8 and executed a deed of sale for the suit property on the understanding that if he returns the amount the property would be returned back to him and accordingly, a deed of sale was executed and registered on 6-5-59 and on the same date, contemporaneous deed of Ekrarnama was also executed and r......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..

Category: Procedural Law | Date: | Hits: 129

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....be applicable to such an appeal. 10. It was further contended by the learned Ad­vocate for the petitioner relying on a decision report­ed in 5 DLR 451 that an appeal under Section 174(5) even if registered without the deposit may be admitted for hearing in suitable circumstances by giving the a......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...

Category: Property Law | Date: | Hits: 106

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....-2003 and installment for payment of loan was from October, 1988 at the rate of Taka 4,650 to be realized from rents and rate of interest was 16%. As security of the loan, defendant No.2 executed and registered mortgage deed in respect of his owned titled schedule property in favour of the Sonali Ba......original owner i.e. petitioner Abdul Jalil filed objection in holding auction upon which the learned District Judge on realising Taka 1,00,000 on the next date on 14-9-1987, by order dated 13-9-1987, postpone the sale subject to payment of balance amount by 10-11-1987. Petitioner Abdul Jalil moved v...... 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109; Korea Bangladesh Food Products Limited Vs. National Bank Limited, 13 MLR 253; Sonali Bank V..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....alization of trade VAT by Annexure-A was illegal. It has been also mentioned that though the order was passed on 8-11-2003 but the same was sent to the local office of the petitioner at Chittagong by registered post on 21-12-2003. 4. After receiving the Order of the Commissioner (Appeal) the peti......f trade VAT by Annexure-A was illegal. It has been also mentioned that though the order was passed on 8-11-2003 but the same was sent to the local office of the petitioner at Chittagong by registered post on 21-12-2003. 4. After receiving the Order of the Commissioner (Appeal) the petitioner on 3......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471...

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....d till disposal of the Rule. The necessary facts found for disposal of the Rule are that the petitioner is Bangladesh Environmental Lawyers Association (hereafter referred to as BELA), as society registered under the Societies Registration Act, 1860, Registration No. 1457(17) dated 18 February 1......ganization undertook necessary field investigation, collected and analyzed relevant documents and being satisfied as to the illegality and risks of such unregulated sand mining, served, by registered post, a notice demanding justice dated 2-11-2005 (Annexure-D) upon the respondents demanding immedia......espondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; Dr. Mohiuddin Faruque Vs. Bangladesh, 55 DLR 69. Lawyers Involved: Probir Neogi with Iq..

Category: Environmental Law | Date: | Hits: 1019