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Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....ld be in violation of the agree­ment entered into between the plaintiff petitioners and defendant Nos.1-4, in pursuance of which the plaintiffs petitioners donated .05 decimals of land by a document registered on 20.3.84 and constructed the present building thereon according to the specifica­tions......and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..............................Opposite Parties Judgment February 11, 1988. Result: The Rule is made abso­lute. Cases Referred to- Mst. Jahanara Be­gum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR pa..

Category: Procedural Law | Date: | Hits: 193

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ...... case are that the pe­titioner Eshanul Hoque was appointed as a Proba­tionary Officer of the then Habib Bank by memo No. MAB 2257 dated 25.6.1956 vide Ext.1 Subse­quently, he was confirmed in that post. After libera­tion Habib Bank was merged with Agrani Bank and the petitioner was posted as Man......s. General Manager, Agrani Bank.....Opposite Party Judgment March 16, 1989. Result: The Rule is discharged. Cases Referred to- AIR 1980 (SC) 840; 29 DLR 10; 35 DLR 224; 40 DLR (AD) 206=1988 BCR (AD) 79. Lawyers Involved: Sheikh Razzaque Ali with ABM Golam Mazid, Advocate..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......body was stuffed with cotton. It was learnt that in the evening of 30.10.86 her husband's car had reached Aricha Ghat. After holding inquest Shivalaya Police sent the same to the Manikganj morgue for post mortem examination after making necessary seizures. The informant stated further in the F.I.R. ......€¦â€¦..Opposite Party Judgment March 23, 1989. Result: The Rule is discharged. Cases Referred to- Bhubani Shahu Vs. the King, 76 IA 147; Lutfun Nahar Be­gum Vs. The State, 27 DLR (AD) 29; Joygun Bibi Vs. State, 12 DLR (SC) 156); Abdur Rahman Vs. State, 29 DLR (SC) 256; Abdur Rahm..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ...... of it from the informant. Police took up the investigation of the case and visited the locality and seized alamats, and prepared an inquest report of the dead body and sent it to Kurigram Morgue for post mortem examination. He also prepared sketch map of the place of occurrence, examined witnesses ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......and he having understood the contents admitted it to be correct. 4. Police took up investigation of the case, pre­pared the inquest report and thereby sent the dead body of Nona to the morgue for post-mortem exami­nation. On receipt of the post-mortem report police submitted charge-sheet agains......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...

Category: Criminal Law | Date: | Hits: 117

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....he wife of the accused Shahjahan Mizi namely, Rina Begum committed suicide by taking poison at village Uttar Ganda Mara. He further stated that thereafter an UD Case being No.6 dated 6‑5‑2000 was registered with the Haimchar Police Station and P.W. 1 was asked to visit the place of occurrence by......ce house including the accused Shahjahan Mizi. Then the ASI Md. Ainul Hoque prepared the Inquest Report on the dead body of Rina Begum and sent the dead body to the Chandpur Sadar Hospital morgue for postmortem examination. 4. The informant ASI Md. Ainul Hoque came to know from preliminary enquir......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment February 23, 2005. Result: The jail appeal is dismissed. Cases Referred to- Ilias Hussain (Md.) Vs. State, 54 DLR (AD) 78; State Vs. Shafiqul Islam, 43 DLR (AD) 92; Shamsuddin Vs. State, 45 DLR 587; Abdul khaleque V..

Category: Procedural Law | Date: | Hits: 118

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....ose of the suit. They also contended that original owners by executing a Bainapatra in their favour accepted Tk. 8000/- and delivered posses­sion of the land to them and though no document could be registered yet they continued in possession thereof. The story of possession and dispossession set u......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..

Category: Property Law | Date: | Hits: 109

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

.... rejected the ap­plication by its order dated 19.2.1989. That order was appealed in Election Tribunal Appeal No.5 of1989 before the District Judge and the District Judge by his order dated 28.2.1989 registered the appeal and called for the records fixing 1.4.1989 for hearing. This order has given r......­peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......­peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ..

Category: Election Law | Date: | Hits: 194

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....versing those dated 5.9.1984 of the learned Munsif, Upazila Court Bakergonj in Mis­cellaneous Case No.204 of 1984 under section 96 of the State Acquisition and Tenancy Act. 2. The impugned Kabala registered on 17.6.72 gave rise to this present pre-emption case under sec­tion 96 of the State Acq......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..

Category: Property Law | Date: | Hits: 100

TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. and an­other, 1989, 18 CLC (HCD)

....to challenge the order of registration and grant­ing of certificate of registration by the Registrar. Al­though section 18 of the Ordinance bars suit or other proceedings in Civil Court against any registered trade union or collective bargaining agent or any Of­ficer or member thereof for that ma......ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ......nd Vegeta­ble Products (Pvt.) Ltd. and an­other...........Opposite Parties Judgment March 27, 1989. Result: The application is rejected. Cases Referred to- 30 DLR 219 (6); 40 DLR (AD) 45 (6). Lawyers Involved: Nurul Huda, Advocate-For the Petitioners. Civil Order No.156 ..

Category: Labour and Industrial Law | Date: | Hits: 178

Saidur Rahman Vs. State, 1992, 21 CLC (HCD)

.... fertilizers upto 21‑1‑76 he lodged FIR with OC Tanore police station alleging that some fertilizers have been stolen away from godowns 1 and 2 for which Tanore PS Case No.5 dated 22‑1‑76 was registered but after investigation police submitted a final report stating that the cause made out i......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......ent for 3 (three) years and also to pay a fine of Taka 1,35,000.00 in default to suffer RI for 9 months more. 2. The prosecution case, in short, is that one Abdur Rahman, former store‑keeper of BADC remained in charge of three fertilizer godowns of Tanore Police Station at Mundurnala from 19‑..

Category: Criminal Law | Date: | Hits: 98

Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)

....ity as the Chairman of the Project Committee. On this allegation the aforesaid Nesarabad, PS Case No.1 dated 30‑6-89 under section 409 of the Penal Code read with section 5(2) of Act II of 1947 was registered. The police took up investigation of the case on 30‑6-99 and the learned Magistrate by ......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ..

Category: Criminal Law | Date: | Hits: 97

Seraj Miah Vs. State, 1997, 26 CLC (HCD)

....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......uding that of P.W.6 and circumstances of the case, the trial Court has found the appellant guilty of the offence of murder under section 302 of the Penal Code. In this connection, we may refer to the post‑mortem report and the evidence of P.W.9 Dr. Md. Akhtar Zaman, who performed the post mortem e......of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another, 25 DLR 41; Abdas Sabhon Howladar Vs. State, 45 DLR (AD) 134. Lawyers Involved: Md. Khurshid Alam Khan with Md. Ahmed Ali, Advocates‑For the App..

Category: Procedural Law | Date: | Hits: 94

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....arms and ammunition under a seizure‑list wherein they forced the petitioner to put her signature. Then ultimately, the FIR of this case was lodged on 2‑11‑96 under the Arms Act and the case was registered as aforesaid and the same is still under investigation. 3. Mr. Mahbubur Rahman, the l......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189...

Category: Criminal Law | Date: | Hits: 89

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

.... the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record togeth­er with the judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No.139 of 2005. This is being considered concurrently with Ja...... remained overwhelmingly satisfied that Moksed's account of the facts and circumstances remained corroborated by Badshah. The trial Court also remained satisfied, upon a due consideration also of the post-mortem report as well as testimony of the P.W.14 doctor who carried out Sayeed's autopsy, as we......h Reference No.139 of 2005 is accepted in part. The Criminal Appeal No. 4422 of 2005 and Jail Appeal Nos. 1058 and 1059 of 2005 are dismissed. Cases Referred to- Khalil Mia Vs. State, 4 BLC (AD) 223; Islamuddin Vs. State, 13 BLC (AD) 81; Abed Ali Vs. State, 42 DLR (AD) (1990) 171; Amir Hoss..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....th left." 12. Contentions on behalf of the Interveners: Ms. Sara Hossain and Dr. Faustina Pereira, Advocates, appeared on behalf of Ain‑o‑Salish Kendra ('ASK', in short). This organisation is registered under the Societies Registration Act, 1860. It is a legal aid and human rights organisati......the said Memorandum. Subsequently, another Office Memorandum was issued on 25th September, 1991, modifying the earlier Memorandum. By those two Memoran­dums, provisions for vacancies in the civil posts under the Government of India, were reserved for backward classes. 32. A large number of wr......nt of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. Result: The Rule is made absolute. Cases Referred to- Kudrat-e-Elahi Panir Vs. Bangladesh, 44 DLR AD 319 at paras 66 and 72; Indra Sawhney etc Vs. Union of India etc., AIR 1993 SC 477; Fullilove (19..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

.... to Mollick Shah in 16 annas share who died leaving behind 3 sons named Kazemuddin Shah, Azizuddin Shah and Meseruddin Shah and a daughter Khatemunnessa. Kazemuddin Shah sold 31/2 decimals of land by registered kabala deed dated 5-11-59 from plot No.4568 in favour of the defendant petitioner Abdul J......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..

Category: Civil Law | Date: | Hits: 154

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ition, he found it difficult to oppose the Rule and has conceded that if the petitioner is a Bangladesh Citizen the question whether he filed a petition to the International Committee of Red Cross or registered his name in the International Committee of Red Cross for going over to Pakistan, then it ......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340...

Category: Immigration and Citizenship Law | Date: | Hits: 178

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....as possession of the suit land together with two storied building standing thereon stating, inter alia, that the plaintiff, the predecessor-in-interest of the respondents purchased the suit land by a registered sale deed dated 24.11.1960 and thereafter he constructed a two storied building thereon a...... the principle of 'hear the other side'. It is also silent as to duty to act judicially. From the nature of the subject matter, resolving a doubt, from the nature of wide powers with no provision for post-decisional appeal or revision and from the nature of the right to be affected by the decision I......¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of Bangladesh and others Vs. A.T.J. Industries, 28 DLR (AD) 120; M/s. Spee..

Category: Property Law | Date: | Hits: 111

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....after holding further investigation into the matter submitted charge sheet to the same effect as was done earlier. The case came up for hearing before the learned Sessions Judge, Gazipur where it was registered as Sessions Case No. 20 of 2005 who then sent the case to the learned Additional Sessions......n right side of the umbilicus with exposed out omentum of 2"x 11/2". 4. One cutting injury on the back of the shoulder joint of 2" x 3/4" x 1" with cutting bone. 5. Wound on the right upper arm posterior aspect of 11/2" x 1/2" x 1/2". 6. Wound on the left upper scapula region of 1/2" x 1/2"......and Criminal Appeal No. 1284 of 2008 are dismissed. Jail Appeal No. 406 of 2008 and Criminal Appeal No. 2515 of 2008 are allowed. Cases referred to- The State Vs. Md. Abdur Rashid, 1987 BLD (AD) 73; R.V. Mannu 1909 All 390 F.B.; Salauddin Vs. The State, 32 DLR (1980) 227; State Vs. Mofizudd..

Category: Criminal Law | Date: | Hits: 98