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Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......ers Involved: Golam Mostafa, Advocate-For the Petitioner. AA Chowdhury Advocate-For the Opposite Party. Civil Revision No. 2969 of 1997. Judgment Khondker Musa Khaled J.- This Rule arising out of an application under section 25 of the Small Cause Court Act 1887, is directed against th......es. So, it is submitted that since the defendant has been running a factory he cannot be evicted without serving 6(six) months notice which is necessary for the purpose of terminating tenancy of this nature under section 106 of the Transfer of Property Act. He has further submitted that both the lea..Category: Property Law | Date: | Hits: 28
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......treatment immediately after the occurrence but he failed to survive rather Succumbed to his injuries. Ultimately, the informant, PW 1, lodged the first information report Exhibit 1 which bears his signature Exhibit 1/1. 12. During examination-in-cross he has not also changed his version in any wa..Category: Criminal Law | Date: | Hits: 30
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132....... region) measuring ¼"-1" x ¼" cavity of the abdomen. This witness opined that the death was caused due to shock and hemorrhage resulting from the above injury which was ante-mortem and homicidal in nature. This witness proved the post mortem report which was marked as Exhibit 3. 20. PW 12 Md. S..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......e echymosis, 2" x 4" in front of the neck, 5. One lacerated injury on the right thumb. Death, in his opinion, was due to asphyxia as a result of throttling which was antemortem and homicidal in nature. 3. Law was set on roll on laying a First Information Report by father of deceased Rokeya ..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......w awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......Rule was issued calling upon the respondents to show cause as to why the Order vide Memo No. পিটি/শাখা ৫/১-১/৯৯-১৫৮ dated 31‑8‑2002 issued purportedly under the signature of the Senior Assistant Secretary, Ministry of Post and Telecommunication directing the Offic..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..............Petitioners Vs. Sekandar Ali Hawlader..................Opposite Party Judgment April 15, 2002. Result: The Rule is made absolute. Cases Referred to- Maulana Abdul Motin and others vs. Shah Alam Bhuiyan and others 41 DLR 244; Londa Colliery vs. Bholanath, AIR 1954 Ca......ere was any house on the suit land; and the case reported in AIR 1989 Orissa 214. 12. The question raised at the Bar so seriously that it deserves a thorough consideration and determination of the nature and extent of the power of the Court under Order XXXIX rule 7 vis‑a‑vis Order XXVI rule 9..Category: Property Law | Date: | Hits: 26
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......d. 13. PW 9, first investigating officer of the case, said about his investigation so done by him. He proved the sketch-map of the place of occurrence with separate index thereof along with his signatures thereto, Exhibits 2 and 3 series respectively. He further claimed that he seized alamats of ..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65....... of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......e submissions of the learned Advocate for the appellant is not based on evidence on record inasmuch as the learned Advocate for the appellant failed to realise that the present case is of exceptional nature where the deceased being wife of the accused met with unnatural death while she was in custod..Category: Criminal Law | Date: | Hits: 88
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Standard Bank Ltd…………………Petitioner Vs. Tripos Engineering & Trading Company (GD) and others ...................Opposite Parties Judgment N......e for revision. High Court held that revision was not maintainable. In affirming the decision of the High Court, the Supreme Court held that- “...........If a decree or an order, which is in the nature of a decree under the Code of Civil Procedure, has been passed by the Court of first instance..Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......er as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470....... of simple termination of any employee with all termination benefits and that in respect of the proposition that a person does not cease to be a worker merely on his designation but it depends on the nature of the job whether he is a worker or not and that a suit for declaration that the dismissal w..Category: Employment/Service Law | Date: | Hits: 95
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......bdus Salam J Shah Newaz (Md.) and others ………….Petitioners Vs. Shah Wali and another……..Opposite-Parties Judgment November 24, 2001. Cases Referred To- Haji Afizuddin Ahmed vs. AKM Ashraf Ali, 19 DLR 775; Dilder Ahmed Chowdhury vs. Farooq Ahmed Chowdhury, 27 DLR (...... of Civil Procedure and thereby both the Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committed error in h..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......s not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......gated the case seized alamats from the bank, examined witnesses, recorded their statements under section 101 of the Code of Criminal Procedure, sent the disputed account opening form, the standard signatures of Haji Asgar Miah, the signatures of accused Md. Ali Hossain and accused Tara Miah to the h..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......f the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......produce the original statements before the Court at the time of hearing. Accordingly, those were produced before us. 8. We have perused the statements and found that all the statements bear the signature of Mr. Abdul Kahar Akand who is the Investigating Officer of the case. When from the original..Category: Criminal Law | Date: | Hits: 45
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......eof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......d under section 55(3) of the Marine Fisheries Ordinance, 1983. Thus, we are of the view that both thee provisions of section 55(3) of the Ordinance and rule 18 of the Rules framed therein are directs nature. Consequently the impugned order also not impose any legal obligation for employment any trai..Category: Civil Law | Date: | Hits: 115
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......or a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......Salim and requested them to pacify Md. Salim. At this accused Md. Salim got infuriated. At about 7-30 PM on 28-8-94 when Mohsena went to the urinal near their dwelling house to respond to the call of nature accused Md. Salim suddenly appeared there and after pouring petrol over her body set fire to ..Category: Criminal Law | Date: | Hits: 53
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......others, 43 DLR (AD) 107; Muzaffar Ali and another vs. Monwara Hospital and others, 1999 BLD 484; Muhammad Ishaq vs. Jamila Begum and others, PLD 1955 Lahore 644; Surjya Kanta Majhi and another vs. Aswini Kumar Debnath and others, 16 DLR 238; Barjang Lal Agarwala vs. Aksed Ali Shaikh & others, 35...... a Division Bench of this Court in a similar suit for specific performance of contract on consideration of numerous authorities has come to the following view: “If the contract is of a collusive nature (and circumstances mentioned above makes it probable that it may be so) as alleged by the pro..Category: Property Law | Date: | Hits: 31
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......ds at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......mplied, but does not include any such person. (i) who is employed mainly in a managerial or administrative capacity, or (ii) who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to office or by reason of power vested in him, functions mainly of man..Category: Labour and Industrial Law | Date: | Hits: 99
....) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
...... plot. Plaintiff, therefore, prays for declaration that the lease deed executed in favour of the defendant Nos. 6 is void and for injunction restraining the defendants No.1 to 5(ka) from changing the nature and character of the suit land as car park.
3. Defendant Nos.1 and 2 are respectively Secr..
Category: Property Law | Date: | Hits: 72
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......ong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......first information report was drafted on the dictation of victim Abdul Mabud Master When he was undergoing treatment at Banskhali Hospital in a critical condition. Victim Abdul Mabud Master put his signature in the first information report and sent the same to the local thana through his maternal unc..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......y in bringing the First Information Report. The First Information Report was lodged on 10-11-89 with the local police station, according to his statement which has been marked as Exhibit 1 and his signature marked as Exhibit 1(a). 10. In cross-examination this P.W. stated that he works as an empl..Category: Criminal Law | Date: | Hits: 32
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