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Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....rd- 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.281 of 1988). ......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. ..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....dered himself disqualified under section 6(2) (g) of the Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982. The appellate authority has also maintained the order of rejection vide Annexure "D" to the petition. 3. It is argued that before sub......ellip;.Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment March 5, 1990. Result: The petition is summarily rejected. Local Government (Upazila Parishad and Upazila Administration Re-organisation) Ordinance, 1982; Sect..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....1990. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 439 Whether High Court Division correctly exercise its discretion in not granting an order of ad-interim stay The appellant clearly stated before the High Court Division while obta......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)
....ellip;……………..(13) The charge under section 16 of the Special Powers Act, 1974 can not be invoked for alleged theft of electric power pumps and consequently the order of conviction and sentence is not sustainable in law……………&h......t Case No.12 of 1982. 2. The prosecution case in short is, that the informant Abdur Rahman lodged an FIR on April 30, 1981 with the Jamalpur Police Station to the effect that on receipt from the Government 5 electric power pumps for Banarar Khal Project they were irrigating the land of Mouza Ha..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....t was refused due to lapse of date fixed. Then a suit for specific performance of contract being filed by the plaintiff against the judgement debtor defendants, in view of such facts the trial courts order staying proceeding of the execution case is perfectly justified and the High Court Division co......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 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....hafiqul Islam, Advocates ‑For the Opposite‑Party No. 1. Civil Revision No.505 of 1987 Judgment AKM Sadeq J. - This Rule obtained by the plaintiff‑petitioners, is directed against order No. 30 dated 31.12.86 passed by Mr. AKM Fazul Karim, Subordinate Judge, 3rd Court, Dhaka in Mi...... 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. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
..... 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 Tribunal, Gaz......n 2/3 occasions. He denied the suggestion that his sister Uma Rani embraced Islam and that Uma Rani requested her father to embrace Islam. 11. P.W.3 Majibur Rahman was the Head Master of Kaliakoir Government Primary School. He stated that on 15.2.86 he was acting as Head Master of the aforesaid P..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....edure the opposite parties were directed to show cause as to why the detenu Miss. Uma Rani Malakar detained in Gazipur Jail should not be set at liberty and made over to the petitioner. 2. By an order dated 30.4.89 this case was directed to be heard along with Criminal Revision No. 94 of 1989 (......e alleged certificate of the Headmaster of Chapair (West) Primary School given on 20.2.86. In this certificate it is stated that Uma Rani Malakar, the daughter of Manindra Kumar Malakar, read in that Government Primary School from 1981 to 1985 without any admission. Last year she got plucked in the ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... Judgment Fazle Hussain Mohammad Habibur Rahman J. - This Rule was issued at the instance of defendant‑petitioner on 4.12.88 calling upon the plaintiff‑opposite parties to show cause why the order passed on 21.8.88 by the District Judge, Dhaka in Title Appeal No.127 of 1988 should not be se...... Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for the citizens and that the Government can not enjoy a special privilege in ..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)
....ion of certain plots into the schedule which were unintentionally left out, But prayer for amendment relating to admission of unregistered barga Kabuliyat was refused. 4. Being aggrieved by that order petitioners moved the revisional jurisdiction of this court and obtained the present Rule. ......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)
....ellate Officer against acceptance of nomination paper of the respondent No.5. The petitioner in his affidavit‑in‑reply has neither challenged the genuineness of that application and the order recorded by the Returning Officer in the margin of that application marked Annexure A2 to......, 1990. Result: The Rule is discharged. Delimitation of the area of the upazillas in question can not affect the petitioner who is not resident of any of the villages taken away by the Government by an impugned notification. The residents of the villages in question are the only perso..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....the same judgment as they arise out of a same transaction. 2. In Contempt Petition No.9 of 1989 the petitioner, filed Writ Petition No.220 of 1989 in the High Court Division challenging the order of detention of his father Anukul Chandra Banik dated 31.1.89 issued by the District Magistrat......n both the two cases was received by the Deputy Jailor (Detention Branch) on 6.4.89 during lock-up hours. 4. The two contemners have brought our attention to 3 annexures containing the Government orders and representations by authority thereto. By Memo No.1017(Security-1) dated 7..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)
.... 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 Appeal No.18......iff, that SCC Suit No.5/70 is dismissed and that the plaintiff and others be evicted from the suit land and that the suit land is distributed to defendant No.1 A.K. Murshed, one Mir Sayed Ali and the Government of Bangladesh (who are to be added as defendants 7 and 8 respectively in the plaint), tha..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....te - 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. Court, Fari......t a dagger point, the threat to life haunting the girl althrough. But as to persons joining subsequently the judgment delivered by Nawalkishore, CJ in the relevant portion held thus:- "The learned Government advocate urged lastly that since the offence of abduction was a continuing one, and perso..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....road probabilities of the case…………..(35) Confessional statement and allegation of torture Mere denial that the confession was not voluntary is not sufficient. In order to justify such claims, it should be proved that the confession was the result of torture......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
....Shahjalan Advocate ‑For the Petitioners.
MA Mannan Advocate ‑ For the Opposite.
Civil Revision No. 275 of 1986
Judgment
Muhammad Ansar Ali J. - This Rule calls in question an order dated 28.12.85 passed by the learned Munsif (Assistant Judge), Upazila Court Iswardi, District......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.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgment March 13, 1989. Result: The appeal is allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR......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...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....d prayed through her Advocate that she should be released in the custody of her husband accused Md. Shahidul Islam when she claimed to have voluntarily married. The Sessions Judge, Narayanganj by his order dated 19.7.88 sent the said six accused persons to the jail custody pending hearing of the p......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. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....egally available to it for realisation of its dues. The Court will refrain from making any officious direction that the Bank should follow a particular security or collateral. High Court Division’s order of vacating attachment is upheld…………………….(36 & 37) Cases Referred to-......st consider the decision reported in 28 DLR (AD) 43 which appears at the first glance to support the appellant's case. In that case the judgment debtor obtained an order of attachment directing the Government to deposit the judgment-debtor's security-money lying with the Government. The Govern..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....ditional Division Special Judge who framed charges against the appellant under the aforesaid sections to which he pleaded not guilty. His defence was that he had deposited the amount duly under the order of the Chairman and that he did not misappropriate any amount. 4. Prosecution examined 5 ......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. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
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