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Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

..... Facts giving rise to the Rule are that, petitioner was born in the Bohmong Circle Chiefs family and is a direct descendant in the male line of the Bohmong Chief and that Bandarban Hill District and part of Rangamati Hill District are inhabited by the tribal people of Bohmong Circle having their ow......order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ..

Category: Civil Law | Date: | Hits: 185

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

.... Razmul Bari with Md. Shahidul Islam, Advocates - For the Opposite Party.  Civil Revision Case No.2869 of 2004. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the lea...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..

Category: Property Law | Date: | Hits: 138

Chandra Banu wife of Lalu Mallick Vs. State and an­other, 1982, 11 CLC (HCD)

.... of the offences for which he is tried and upon such withdrawal,- (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences." 3. Apart from the other requirements under the relevant law, the first essential pre­requisite of an ac......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ..

Category: Criminal Law | Date: | Hits: 94

Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School Vs. Razia Sultana and others, 2007, 36 CLC (HCD)

.... of 2002 dismissing the appeal and modifying the Judgment and decree dated 26.1.2002 passed by the learned Senior Assistant Judge, Burichang, Comilla in Title Suit No.75 of 1999 decreeing the suit in part should not be set aside and/or such other or further order or orders passed as to this Court ma......ranted by this Court dated 23.11.2004 is hereby vacated. 13. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 418. ..

Category: Civil Law | Date: | Hits: 104

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

....h Opposite Parties will be referred to as Preemptors-Opposite-Parties. 3. The precise facts forming background of this Revision Petition are stated succinctly hereunder. 4. Pre-emptors-opposite parties in capacity of co-sharers by way of inheritance exercised right of pre‑emption on laying a...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..

Category: Property Law | Date: | Hits: 116

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....raise any objection to the grant of the probate in favour of their mother applicant. But the learned Subordinate Judge acting as a District Delegate, rejected the application on 6‑8‑1988 after ex parte hearing only on the ground that the intended probate cannot be granted without having the orig......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..

Category: Property Law | Date: | Hits: 113

Shafiqul Islam (Md.) & another Vs. Board of Intermediate and Secondary Education, Comilla & others, 2006, 35 CLC (HCD)

....consisting of 3 members to inquire into the allegations brought against the peti­tioner and the said Inquiry Committee without affording opportunities to the petitioner to defend himself and to take part in the inquiry proceeding to support his case, purportedly acting under the undue influence of ......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 62. ..

Category: Employment/Service Law | Date: | Hits: 205

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

....early completion of the said project. During the course of execution of the project the contractor was required to do certain additional work out of tender schedule and it was agreed upon between the parties that for any additional work the contractor will be paid in the light of the rate fixed in t......t the dispute shall be referred to the Superintending Engineer of the Circle for the time being holding the office at the time of hearing of the arbitration for the time being in force who after such investigation as he may think proper shall deliver his award which shall be final, conclusive and bi..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)

....nd forth­with. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......of the premises where the complainant was residing and they sprinkled the cow-blood on his door­steps and thereby wounded his religions feel­ings. Upon receipt of the G.D. Entry, the police starred investigation of the case under section 295A of the Penal Code which ended in a final report. Therea..

Category: Criminal Law | Date: | Hits: 115

Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)

....ified by P.W.9, Dr. A.P.M. Hezbul Bari it is indisputable that the deceased Joynal was lynched. 23. Now the question calls for our considerations whether the appellant had any complicity with this particular offence and the impugned Judgment and order of conviction and sentence calls for any inte......d the First Information Report with the Nakla Police station and same was recorded as Nakla Police Station Case No.2 dated 01-11-1996 corresponding to G.R. Case No.451 of 1996. 3. The Police after investigation submitted charge sheet accusing 6(six) witnesses including the appellant. 4. Eventu..

Category: Criminal Law | Date: | Hits: 142

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

.... their business purpose, they wanted to sell the scheduled land separately and individually; that the plaintiff could know about this and expressed his interest to purchase the scheduled land and the parties fixed the current market value at Taka 15,28,000/-; that having been agreed by both the part......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..

Category: Civil Law | Date: | Hits: 102

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....to be unconstitutional and void to the extent to which it subjects the homeopathic drug and drug manufacturing raw materials, alcohol/rectified spirit in any manner whatsoever and the action of the Department of Narcotics Control making applicable the Narcotics Control Act 1990 in the homeopathic dr......asis of their actual requirement on rational basis. The Government as well as the Department of Narcotics Control should exercise their utmost and due diligence in carrying out regular and periodical investigation and stock taking of the stores and pharmacies of the manufacturers and chemists and dr..

Category: Others | Date: | Hits: 341

Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)

....Abdul Majid Barker Vs. The State reported in 40 DLR (AD) 83, the relevant passage is reproduced herein:- "The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim therefore, is prima-facie apparent. Eve......y. The witnesses then took the victim and other injured persons to the Nalitabari Hospital where victim Khorshed Ali succumbed to his injuries on 19.11.1999 and hence the case. 4. The police after investigation submitted charge sheet against 12 persons including the petitioner on 28.04.2000 under..

Category: Criminal Law | Date: | Hits: 116

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....y of affidavit‑in‑opposition on behalf of the respondents. Since there was none to oppose the Rule on behalf of the respondents we started delivering the Judgment. After we finished a substantial part of the Judgment Mr. KMS Saifuddin Ahmed, the learned Deputy Attorney‑General, appeared before......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ..

Category: Property Law | Date: | Hits: 116

International Finance, Investment and Commerce Bank Ltd. (IFIC Bank Ltd) Vs. Abdur Rahman and Others, 2012, 41 CLC (AD)

....ivision in Civil Revision No.2581 of 2005 making the Rule absolute reversing the judgment and decree dated 23.03.2005 passed by the learned Additional District Judge in Artha Rin Appeal No.21 of 2004 partly reversing the judgment and decree dated 05.09.2004 passed by learned Joint District Judge in ......roper appreciation of law and fact do not call for interference. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 208. ..

Category: Civil Law | Date: | Hits: 174

Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)

....Ahmed, Advocate ‑ For the Petitioner. Not Represented ‑ For the Opposite Parties. Civil Revision No.1904 of 1993. Judgment K M Hasan J.- This Rule was issued calling upon the opposite party No.1 to show cause why the Judgment and decree passed by the learned District Judge, Rajshahi ......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..

Category: Civil Law | Date: | Hits: 132

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

.... pro forma defendant No.4 filed written statement and was contesting the suit. The suit was fixed on 29.12.76 for pre-emptory hearing. Defendants were found absent on call and the suit was decreed ex parte. Thereafter, the appellant defendant filed an application under Order 9, rule 13 C.P.C giv­in......missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..

Category: Procedural Law | Date: | Hits: 143

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....e distinguishable from criminal breach of trust punishable under section 409 of the Penal Code. The offence of Criminal misconduct under section 5 of the Act postulates distinct and specific offence apart from those contained in the Penal Code. A public servant can be prosecuted for the offence of c......f Akkelpur police station case No.2(6) 1991. Thereafter SI Abdul Baten submitted prayer to the officer-in-charge of Dhamoirhat police station for giving motor cycle to his custody for the interest of investigation of Akkelpur police station case No.2(6) 1991. Officer-in-charge of Dhamoirhat police s..

Category: Criminal Law | Date: | Hits: 109

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....t Division (Criminal) Present: Siddiqur Rahman Miah J Md. Abdul Quddus and another…………………………..Petitioners Vs. The state…………………………….Opposite party Judgment July 30, 31, 2005. Result: The rule is made absolute. Cases Referred ......4 hit Rangpur Bus No. JA-63 from behind whereby the passengers fell down from the roof and two of them went under the wheel of Bas No. Rangpur-JA-63 and died on the spot. Hence this case. 3. After investigation of the case, police submitted charge sheet against the accused Md. Abdul Quddus, drive..

Category: Criminal Law | Date: | Hits: 119

Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)

....efendant No.5 petitioner is directed against the judgment and order dated 17.6.2003 passed by a Division Bench of the High Court Division in Writ Petition No. 1618 of 2000 making the Rule absolute in part by setting aside the order dated 22.2.2000 passed by the respondent No.2 in Title Suit No.33 of......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...

Category: Civil Law | Date: | Hits: 122