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Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......rence, seized the alamats and also got recorded die statements of Moni Mia Shaikh, Akkas Mia and Relia Begum under section 164 of the CrPC by a Magistrate. Inquest report was prepared. Thereafter the post‑mortem report was also submitted by the doctor. Police after making investigation into the ca......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......versant with the facts and circumstances of the case. It is the case of the petitioner that the detenu Lt. General (Retd) Hussain Mohammad Ershad joined Pakistan Army and was commissioned in 1952 and posted to the then East Bengal Regiment. He qualified from the Staff, College, Quetta and also quali......atisfaction on sufficiency or insufficiency of materials or grounds are beyond the purview of judicial review and Court cannot substitute its own opinion in place of the detaining authority." 31 DLR (AD) 52 (para 24). "The sufficiency of the materials will depend on the facts and circumstances..

Category: Criminal Law | Date: | Hits: 113

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....o help him in this matter and went to Laxmipur Sub-Registry Officers where the defendants in orders to grab his properties fraudu­lently and collusively created a deed of Ewaj on 21.11.83 and got it registered at the Laxmipur Sub-Registry Office on 26.2.84. According to the Plain­tiff, he was not ......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...

Category: Property Law | Date: | Hits: 136

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

....ar vide Annexure "B" to the petition. 5. The learned Advocate for the petitioner con­tended that although section 109 of the Companies Act enjoins a duty upon the Company to get the mortgage deed registered with the Joint Stock Com­panies within 21 days, the Company could not get it done due to......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..

Category: Company Law | Date: | Hits: 191

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......gineer in the year 1962, being appointed by the then erstwhile Government of East Pakistan on the rec­ommendation of the then Provincial Public Service Commission. The petitioner was promoted to the post of Executive Engineer in the month of June, 1971 and in 1978 he was promoted to the next higher......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......ter giving his confessional statement accused Babul died before submission of the Charge Sheet. He recorded the statements of the witnesses U/S 161 of the Code of Criminal Procedure and collected the post mortem reports. After investigation, S.I. Mr. Abdus Samad submitted charge sheet No. 588 dated ...... from the decisions in the cases of State Vs. Shaiokh Abdur Rahman & others reported in 58 DLR (2006)(HCD)615 and Iftekhar Hossain (Md) @ Al Mamun and others Vs. The State reported in BCR (2006) (AD) 334. 71. From what has been discussed and found above we have no doubt in holding that the a..

Category: Criminal Law | Date: | Hits: 105

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

....d petitioner admits about receipt of notices. Moreover the case of the com­plainant is that the legal notice under section 138(1)(b) of the Negotiable Instruments Act was issued on 12-4-2007 through registered post with AD. It is presumed as per the provision of law that the said notice has been du......r admits about receipt of notices. Moreover the case of the com­plainant is that the legal notice under section 138(1)(b) of the Negotiable Instruments Act was issued on 12-4-2007 through registered post with AD. It is presumed as per the provision of law that the said notice has been duly served u......€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment February 28, 2010. Result: The Rule is discharged. Cases Referred to- Shamsul Alam Vs. State, 60 DLR 677; Faridul Alam Vs. State, 13 BLC (AD) 61; Manzur Alam Vs. State, 55 DLR (AD) 62; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC ..

Category: Criminal Law | Date: | Hits: 94

AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)

....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......le was issued calling upon the respondents to show cause why the impugned Memo No.F‑4(33) Sanchan­-1/94/1410(9) dated 10‑9‑1994 issued by the respondent No.1 suspending the petitioner from the post of Sanchaya Officer under Rule 11 (1) of the Government Servants (Discipline and Appeal) Rules,......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...

Category: Employment/Service Law | Date: | Hits: 147

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....e party as plaintiffs instituted Miscellaneous Case being No.48 of 1993 in the Court of Senior Assistant Judge, Mithapukur for specific performance of contract as well as for a dec­laration that the registered sale deed executed in favour of the petitioner by the defendant No.1 is not binding upon ......all are admittedly interested witnesses. Apart from that they have adduced 2 letters but in support of that letters no material evidence has been adduced by the plaintiffs as because the same was not posted or delivered or by any admitted procedure. Regarding specific performance of oral con­tract,......le is made absolute. Cases Referred to- 3 BLD 258; Mamud Raja Bhuiyan Vs. Md. Lal Miah, 40 DLR 271; SN Gupta & Co Vs. Sadananda Ghosh, 11 DLR 470; Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Ouseph Varghese Vs. Joseph Aley, (1969) 2 SCWR 347; Santosh Kumar Chakraba..

Category: Property Law | Date: | Hits: 90

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....re now in residing in Bangladesh partic­ularly in Cox's Bazar district and the area adjacent thereto (officially 23,542 un-officially more than 4 Lakhs) upon procuring national ID and even have been registered as voters. Accordingly, the Armed Forces Division, Directorate of Operation and plan­nin......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment February 15, 2011. Result: Both the Rules are disposed of. Cases Referred to- Abul Kalam Shamsuddin Vs. Anti-Corruption Com­mission, 14 MLR (AD) 153; Basic Engineering Limited Vs. Bangladesh, 2006 (XIV) BLT (HCD) 328; Kazi Mukhlesur Rahman V..

Category: Election Law | Date: | Hits: 217

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

....ospital Julfu Master died and the dead body was taken back and thereafter informant Waliullah lodged first information report at 13‑30 hours on 2‑7‑1988 in Matlab Thana. PS Case was accordingly registered and investigation commenced. 4. During investigation police visited place of occurrenc......ted the dead body to the morgue for PM examination and report. P.W.15 SI Khakon Chandra Pal as part investigation officer prepared Map and Index (Exhibit 3 and 3A) and seizure list (Exhibit 4) during post investigation by him. P.W.16 OC Amarendra received written first information report (Exhibit 1)......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, 1988 BLD (AD) 101=40 DLR (AD) 147. Lawyers Involve..

Category: Criminal Law | Date: | Hits: 97

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

.... 1987, stating, inter alia, that the petitioners are co‑sharers to the case jote by inheritance while the pre‑emptees are strangers, who purchased the case land from opposite party Nos.6‑8 by a registered Kabala dated 7‑10‑1984. It has been asserted that no notice of the impugned sale was ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......others...................Opposite Parties Judgment March 9, 1997. Result: The Rule is made absolute. Cases Referred to- Abdus Samad and others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. Lawyers Involved: HN Nondy with Md. Khurshid Alam Khan, Advocates‑For the Petitione..

Category: Property Law | Date: | Hits: 94

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......good behavior as per Articles 95 and 96 read with Article 147 of the Constitution. 6. The second point urged on behalf of the petitioner is that as the Respondent No.1 once held the Constitutional post of Chief Election Commissioner which is an office of profit in the service of the Republic and ....... Justice Md. Abdur Rouf & others.........................Respondents Judgment July 27, 1995 Result: The Rule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31..

Category: Constitutional Law | Date: | Hits: 353

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

....Rin Adalat instead of filing it before the ordinary Civil Court. The Adalat then on hearing both the sides by order dated 17-8-97 rejected the petitioner’s prayer holding that as the plaintiff is a registered Co-operative Credit Society there is no bar in proceeding with the suit before the Artha ...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ......AC) Proprietor Mahtabuddin Choudhury and another Vs. Agrani Bank), 14 BLD 195 (HCD); Sultan Alam Vs. Rupali Bank, 1994 BLT 118; Sultana Jute Mills Ltd. and another Vs. Agrani Bank and others, 14 BLD (AD) 196; 48 DLR 57; 4 BLT 80; 57 BLD (AD) 196. Lawyers Involved: Miah Abdul Gafur with Baktiar..

Category: Civil Law | Date: | Hits: 135

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

.... for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-interest of the plaintiffs in favour of Salamatullah predecessor-in-interest of the defendants and registered on 11-7-47 at the Sub-register’s office briefly SR Office, Chatkhil is forged, fraudule......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......€¦â€¦â€¦Petitioner Vs. Lutfur Karim and others……………………Opposite Parties Judgment August 19, 1997. Result: The Rule is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cases at page 60; AIR 1984; Ghulam Muhammad ..

Category: Procedural Law | Date: | Hits: 103

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....long with other co-sharers. It is also the case of the petitioner that opposite parties 1-3 purchased 0.200 acre of land and three annas share of the building thereon from opposite parties 7 and 8 by registered kabala dated 22-3-79 at a consideration of Taka 30,000.00. The present appellant further ......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ..

Category: Property Law | Date: | Hits: 113

Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)

.... one Ebad Ali Sardar who had five sons; the plaintiff and the defendants are all heirs of Ebad Ali Sardar. Plaintiff’s allegation is that said Ebad Ali at the influence of the defendants made three registered deeds of gift which were never acted upon and Ebad Ali also revoked those gifts, accordin......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ..

Category: Property Law | Date: | Hits: 85

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......ial the provisions of LR manual have been followed in order to conduct the cases on behalf of the Government. Though it was compiled in the year 1960, yet before that even from the British Regime the posts of Government Pleaders and Public Prosecutors were there and they have been representing the G......t: The Rule is discharged. Cases Referred to- Kazi Abdul Wahab Vs. The Government of Bangladesh, 31 DLR 332; Talekhal Progressive Fishermen's Co‑operative Society Vs. Bangladesh, 1981 BLD (AD) 103. Lawyers Involved: ABM Nurul Islam, Advocate-For the Petitioner. Shahabuddin Ahmad,..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....r Captain Mansur Ali, Mr. Tajuddin Ahmed and Mr. Qumruzzaman were killed in the Dhaka Central Jail. In connection with that jail killing, Jail Authority 1odged FIR in Lalbagh Police Station which was registered as Lalbagh PS Case No.11(11)/1975. The said case was pending in the Lalbagh Police Statio......ue that Khondaker Moshtaque Ahmed after usurping power and Proclaiming Martial Law did not declare himself as Martial Law Administrator. Rather he declared himself as a President and by virtue of his post as President he performed his constitutional and statutory functions and at the same time he pe...... 1940 (Pat.), 385 (FB); Blyth Vs. Blyth and Pngh, 1965 (2) AER, 817; 11 DLR (SC)1; Asma Jilani Vs. Government of Punjab. PLD 1972 (SC) 139; Khondker Ehtesham Uddin Ahmed Iqbal Vs. Bangladesh, 33 DLR (AD), 1541; Helaluddin Ahmed Swapan Vs. Bangladesh, 45 DLR (AD) 1; Jamil Hoq and others Vs. Banglades..

Category: Criminal Law | Date: | Hits: 202

Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)

....rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......rst informa­tion report case, a proceeding should not be stifled without allowing proper investigation into the alle­gation, save and except in a very rare type of cases which are found to be so preposterous that the alle­gations if accepted to be true in its entirety, does not constitute any off......olving a schedule offence of the Anti-Corruption Commission Act, 2004.………………………………….(8) Cases Referred to- Bayazid Vs. State 61 DLR 772; Abdul Huque Vs. State 60 DLR (AD) 1. Lawyers Involved: Fazle Rabbi, Advocate-For the Petitioners. AKM Fazlul Hoque. Advoc..

Category: Criminal Law | Date: | Hits: 101