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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. ...... Karim, Jailor, Dhaka Central Jail, Dhaka & another...................Respondent (In both the Petitions) Judgment June 11, 1989. Result: The Rules are made absolute. Lawyers Involved: S.S. Halder, Advocate —For the Petitioner (In both the petitions) ......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. ..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)
....er in SCC Court of the 4th Court of Munsif, Narayanganj. Major Monwar Hossain, son of defendant No.1 A.K. Murshed, being an army personnel managed to have said SCC Suit No.5/70 transferred to Summary Martial Law Court No.25 at Narayanganj on 25.7.83 by Major General N.A. Chisty illegally by gazette ......e. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD) 107=33 DLR (AD)154. Lawyers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahm......unsif, Narayanganj for ejectment of defendant Nos.1-2 and Rustom Ali Mia, that the said SCC Suit was decreed ex parte on 19.5.72 with cost. Defendant No.1 A.K. Murshed filed Misc. Case No.77/72 under Order 9, rule 13 C.P.C. for setting aside the said ex parte decree which was allowed on contest on 3..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 disÂcharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533....... Vs. The State............................Respondent Judgment May 24, 1989. Result: The appeal is allowed. Case Referred to- Ramji Lai Vs. The State, AIR 1951 Rajasthan 33. Lawyers Involved: S.R. Karmaker, Advocate - For the Appellant. A.Q. Raisuddin Ahmed, Advocate......not wanted in connection with any other case. The suo motu Rule for enhancement is disÂcharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur RahÂman 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. ......156;16 DLR (SC) 598; 19 DLR 819; 31 DLR 316; 32 DLR 227; Shafali Begum and another Vs. The State, 1 B.C.R. (1981) 105; S.C.R.1979 (Vol) page 417; Abdur Rouf and others Vs. The State, 38 DLR 197. Lawyers Involved: S. A. Hasan, Assistant Attorney General with Sajjad Ali Chowdhury, Assistant ......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. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....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.
......LR (SC) page 30; Abu Sayeed Rashid Bakht Mazumder Vs. Mukhiar Bakht Mazumder & anr, 19 DLR page 65; 40 DLR at page 236, Md. Sultan Miah Vs. Sree Haradhan Suha & others 40 DLR 236 relied.
Lawyers Involved:
Md. Shahjalan Advocate ‑For the Petitioners.
MA Mannan Advocate ‑ Fo...... Lordships................. (9)
Piecemeal trial discouraged
The general rule of procedure is that the trial of a suit should not be held piecemeal and in view of the amendment of rule 5 of Order 20 of the Code of Civil Procedure when issues have been framed, the Court shall give its findi..
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.......allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed -......ps of the parties and other like circumstances in which the adverse possession commences. To take up the second point of the learned AdvoÂcate for the appellant we find that issues were framed by Order No.26 dated 5.5.79 and the following isÂsues were framed:- 1. Has the plaintiff any cause ..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate AraiÂhazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......Meherunness Begum Vs. The State 8 DLR 393; Profulla Kamal Bhattacharya Vs. MinÂistry of Home Affairs, Govt. of Bangladesh 28 DLR (H.C) 123; Kiran Bala Choudhury Vs. the Slate 17 DLR (Dacca) 544.
Lawyers Involved:
S.S.Haldar with Ranesh Chandra Maitra, Advocate—For the Petitioner.
Md. Nu......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate AraiÂhazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ..
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. ......1915) 1 Ch. D. 621, E.J. Judah and other V. King-Emperor AIR 1926 Cal. 464, Countess of Berkeley V. R.G.W. Berkeley and others (1946) 2 All. E.R. 154, Tappenden vs. Artus (1963) 3 All E.R. 213. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, (Md. Fazlul Haque, Advocate with him) instru......ment September 1, 1988. Result: The appeal is dismissed. The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold ..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 DiÂvisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ....... R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and anÂother Vs. The King, AIR 1949 (Cal.) 104. Lawyers Involved: M. Fazlul Karim with Omar Farook, AdvoÂcates—For the Appellant. Amiru......der of conviction and sentence passed by the Additional DiÂvisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of BanglaÂdesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ...... Government of East Pakistan 18 DLR (HD) 18; Golam Kabir Vs. Government of Bangladesh 27 DLR (HD) 199; Naranjan Singh Kathawan Vs. Punjab AIR 1952 SC 106; Baqui Baluch Vs. Pakistan 20 DLR (SC). Lawyers Involved: Aminul Haq, Advocate- on -Record - For the Appellant. A.W. Bhuiyan, Addi......sapprehension of the nature of an application under Article 102 (b) (i) of the Constitution. In this case the Government contended that the Court would not enquire into the validity of the subsequent Order. In Basanta Chandra Ghose V. Emperor 1945 AIR FC 18. = 46 Cr. L.J 559 it was the detenu who co..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....appeal is, thereÂfore, not maintainable on this ground also. The appeal accordingly is summarily disÂmissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......in MohamÂmad Habibur Rahman J Abdul Bari Sarkar J Firoza Begum …………………….Appellant Vs. Hormuz Ali & another..............Respondents Judgment July 29, 1987. Lawyers Involved: Abul Kashem, Advocate - For the Appellant. Not Represented - the State. ......appeal is, thereÂfore, not maintainable on this ground also. The appeal accordingly is summarily disÂmissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161...Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......an v. Mohammad Abdullah, AIR 1967 IJ & K) 65, Murad Biswas v. Basti Mondal, AIR 1929 Cal. 449, Munni Bibi v. Tirloki Nath, 53 ILR PC 103 and Kishun Prasad v. Durga Prashad, AIR 1931 PC, 231. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......sh & others…………………………………………..Respondents Judgment March 22, 1987. Result: The rule is made absolute. Cases Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrata Chowdhury, Advocate -For the Petitioner. A.Y. Salehuzz......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily reÂjected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......Satish, 9 I.C. 842, Sikandar Vs. Kushal, 59 Cal 756, Sardar Vs. Jahar, 59 Cal 906, Baijnath Vs. Kedar, A.I.R 1938 Cal 74, Gopala Vs. Maria, 30 Madras 274, Ganesh Vs. Baikunthes A.I.R 1951 P 291. Lawyers Involved: Md. Serajul Huq with S.A.M.Mahbub Elahi-For the Petitioner. Civil Order ....... Kedar, A.I.R 1938 Cal 74, Gopala Vs. Maria, 30 Madras 274, Ganesh Vs. Baikunthes A.I.R 1951 P 291. Lawyers Involved: Md. Serajul Huq with S.A.M.Mahbub Elahi-For the Petitioner. Civil Order No.983 of 1986. Judgment Fazle Hussain MohamÂmad Habibur Rahman J.- This applicati..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......bdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173).
Lawyers Involved:
Hemayetuddin Ahmed, Advocate -For the Petitioner.
Shamsul Alam, Deputy A...... Rule is whether an Assistant Custodian Enemy Property (Lands and Buildings) can maintain a suit in 1974 in respect of the properties vested in the Government of Bangladesh under President's Order No.29 of 1972 as amended by P.O. No.134 of 1972 and under Act XLV of 1974.
7. Before adve..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment May 13, 1986. Result: The appeal is disposed of. Case Referred to- Md. Md. Mosaddur Haque Vs. State (1958) 10 DLR (SC) 29. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury, Advocate—For the Appellant.......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ....... 1977 (SC) at page 1496; AIR1973 (SC), at page 205; AIR 1975 (Madras) at page 81; AIR 1975 Madras at page 81; AIR 1973 (SC) 205; K.N. Guru Swami's case 1955, 1 SCR, 305 (AIR 1954 (SC) 592.) Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates-For the Petitioner. M....... Writ Petition No. 179 of 1985. Judgment Anwarul Haque Chowdhury J. - This Rule arises out of an application under Article 102 of the Constitution read with Constitution (Partial Revived) Order, 1985 and is directed against Memo dated 15.05.1985 issued by the Senior Scale Section Officer..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......a Narasshima Vs. Chitluri Verikataramayya, 1940 (Mad) 768; P.L.D. 1967 (Lah)1051; 19 DLR 349 PLD 1967(Lah) 2057; Santosh Kumar Chakraborty & ors. Vs.M. A. Motaleb & ors. 36 DLR (AD) 248. Lawyers Involved: Md. Abdus Sobhan with Md. Abdus Satter Howlader and S.M.A. Malek—For th......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....aming of the charge. On 13.2.83 the learned Additional Sessions Judge passed the following order: "In view of the Gazette Notification No.52 dated 4.8.82 let the case be sent to the Special Martial Law Court No.3 at Chittagong for favour of disposal. Note in the relevant Register." ......al Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Ali with Ahsanul Kabir— For the Petitioner. Amirul K......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......;………………………………...........Respondent Judgment March 17, 1986. Result: The appeal is allowed. Lawyers Involved: Awlad Ali—For the Appellant. Syiedur Rahman Mean—For the St......nt, or by an officer authorised in that behalf by any such Government, to discharge the functions of Chairman under this Ordinance: In 1972 with the emergence of Bangladesh, President's Order No.7 of 1972, that is The Bangladesh Local Council and Municipal Committees (Dissolution ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
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