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Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)

....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......cate-on- Record- For the Respondent No. 1. TH Khan, Senior Advocate, instructed by NH Khandker, Advocate-on-Record-For the Respondent No. 2. Criminal Appeal No.17 of 1989. (From the judgment and order dated 31-5-195 passed by the High Court Division, Dhaka in Criminal Revision No.2..

Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)

....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..

Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

....ty in dispute, that is, item No.1 of Sched­ule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ...... T. H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record–For Respondent No. 2. Not represented – Respondent No. 1. Civil Appeal No.78 of 1989. (From the judgment and order dated 25.4.89 passed by the High Court Division, Dhaka, in FMA No. 224 of 1987). ..

Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222

Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)

.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... non‑service of summons upon the petitioners and pleading bar of limitation. 4. Both the parties led evidence and on consideration of the evidence the learned Subordinate judge by his impugned judgment and order dated 31.12.86 allowed the application under Order 9 rule 13 CPC, set aside the e..

Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......For the State. Criminal Appeal No.215 of 1989 Judgment Md. Mozammel Hoque J.- This Crimi­nal Appeal No.215 of 1989 (previously Criminal Revision No.94 of 1989) is directed against the judgment and order of acquittal dated 29.1.89 passed by the Additional Sessions Judge and Special Tr..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......sequently converted and re‑numbered as Criminal Appeal No. 215 of 1989). In pursuance of that order these two cases are heard together but for the sake of convenience we are delivering two separate judgments in two cases. 3. Facts relevant for the disposal of this case are that the petitioner..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

.... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......er, Dhaka is a party. He had stated in his affidavit that before the decree was drawn up against the Government on 27.3.88 the State representing the petitioners applied for the certified copy of the judgment and decree on 24.3.88, but for want of fund under the relevant Head of Expenditure, the Sta..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)

....erference. 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: 43 DLR (1991) 77. ......erference. 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: 43 DLR (1991) 77. ..

Category: Property Law | Date: 2 Aug, 1989 | Hits: 78

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......fact cannot be decided in the writ jurisdiction. 9. In the case of Hazrat Ali Vs. Election Commission and others reported in 1990 BLD 157 upheld by the Appellate Division in CP No.280 of 1989 by judgment dated 25.6.89 it has been held that after the publication of the result in the official Gaz..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)

....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......ts (In both the petitions). Contempt Petition Nos. 9 & 10 of 1989. Judgment Mustafa Kamal J. - These two contempt Rules have been heard together and will be disposed of by the same judgment as they arise out of a same transaction. 2. In Contempt Petition No.9 of 1989 the pe&s..

Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......arties. Civil Revision No.452 of 1986. Judgment Fazle Hossain Mohammad Habibur Rahman J. - This Rule was issued calling upon the opposite party No.1 AKM Murshed lo show cause why the judgment and order dated 18.1.86 passed by Mr. Md. Ibrahim Ali, District Judge, Narayanganj in Title..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Ananda and others Vs. State, 1989, 18 CLC (HCD)

....not wanted in connection with any other case. The suo motu Rule for enhancement is dis­charged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......Ahmed, Advocate - For the State. Criminal Appeal No.638 of 1987 along with Suo motu Criminal Revision No.457 of 1987. Judgment Anwarul Hoque Choudhury J.- This appeal is directed against the judgment and order passed by Mrs. N.A. Sultana, Assistant Ses­sions Judge and Special Tribunal, 1st..

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......ice station. 6. The learned Sessions Judge, Bogra after con­sideration of evidence of the confessional statement made by the two condemned prisoners and other ma­terials or record by his judgment and order dated 26.5.85 was pleased to find the condemned prisoners guilty under sections 3..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others Vs. Sohrab Ali, 1989, 18 CLC (HCD)

....order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ...... in time and expenses of the parties The main purpose behind this legislation is to save time and expenses of the parties in the disposal of the suit. ........ (8) Time for pronouncement of judgment discretionary any not mandatory When issues have been framed both of law and facts and..

Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......uit for declaration simpliciter could not be filed. The agreement for sale being not per se a docu­ment of title, the suit for simple declaration as framed is not maintainable. In the result, the judgment and decree of the trial Court are set aside and the appeal is allowed without any order as ..

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......dical evidence as to age of person cannot, be utilized to override the effect of other cogent evi­dence on the point. In the case of Chato Vs. Jevindram Kutti, A.I.R. 1958 Kerala 121 delivering the, judgment of the Division Bench Koshy, CJ rejected, the opinion of the Radiologist and preferred the ..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ......adul Huq, Advocate-on-Record,—For Re­spondent. Civil Appeal No. 2 of 1988. Judgement Badrul Haider Chowdhury J. — I regret that I could not subscribe to the views expressed in the judgment of my learned brother M.H. Rahman J. 2. Facts are simple: — Appellant brought ..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....der of conviction and sentence passed by the Additional Di­visional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......foresaid cases took a contrary view and held: “Therefore, a direction by the Court that a person shall be confined in the Court premises till the Court rises constitutes imprisonment and incur judgment, imprisonment within the meaning of the Penal Code and the Code of Criminal Procedure." ..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32