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Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......e Assistant Sessions Judge, trying cases as Additional Sessions Judges under the deeming proviso, but passing sentences of imprisonment for a term of five years or less. Under section 408 Cr.P.C. any person convicted on a trial held by an Assistant Sessions Judge may appeal to the Court of Session, ..Category: Criminal Law | Date: | Hits: 158
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......he said Rules provides that the petitioner in an election petition may claim either for a declaration that the election of the returned candidate is a void one and that the petitioner or some other person has been duly elected; or for a declaration that the election as a whole is void. Rule 46 pro..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......d before us the decision in the case of Suraj Pal Vs. State of Uttar Pradesh reported in AIR 1955 (SC) 419. 7. In that case there were allegations of the use of lathis by a number of the accused persons who were twenty in all as well as an allegation that Suruj Pal fired a pistol twice killing ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......tory appeals and revisions and perform other functions as may be provided by law. Section 4 of the Board Act however provides that within 60 days from the date of any order of the Board, an aggrieved person may apply to the Board for a review of the same. 15. Mr. Md. Hannan submits that the respo..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......ocess of filling and refilling by refuse and rubbish and constructed the said roads. The side lands were divided into a number of plots of the size of 20' x 10' and those were allotted to different persons as temporary evitable allottees. Some of them, however, claim to have obtained leasehold rig..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......the beginning of his argument took us to the First Information Report, the evidence of the P.Ws. and other materials on record and submitted that there is no direct evidence of causing assault on the person of deceased Lechu Bibi by the appellants so as to cause her death. The prosecution has made v..Category: Criminal Law | Date: | Hits: 101
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......er the order sought to be reviewed is maintainable under Or.47 r.1 CPC. On the strength of Or.47 r.1 CPC. Mr. Nikhilesh Dutta submits that it is so. Rule 1 of or 47 reads as follows: “1. (1) Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed,..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ...... Chowdhury lodged the First Information Report with the Salla Police Station on 8.5.89 alleging that on 7.5.89 at about 11‑00 AM the 12 accused named in First Information Report with 8‑10 unknown persons forming an unlawful assembly being armed with deadly weapons trespassed into the house of Si..Category: Criminal Law | Date: | Hits: 139
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......nes the offence of defamation. There are four explanations and ten exceptions to the said section 499 of the Code. 8. First exception to the said section is that imputation of truth concerning any person made in public good is not defamation. Third exception to that section is that expressing an ..Category: Criminal Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......are same." In Mulla's Principles of Mohammadan Law in section 138 "gift" has been defined as followed: "A Hiba or gift is a transfer of property made immediately and without any exchange by one person to another and accepted by or on behalf of the latter." From this definition I do not find..Category: Property Law | Date: | Hits: 127
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......P.W.11 Doctor Md. Latifur Rahman held the post mortem examination on the two dead bodies of the victims. P.W.10 Md. Shahidul Islam, P.W.12 Md. Shamsul Alam and P.W.13 Md. Azizur Rahman are the police personnel who are concerned with the investigation of the case. P.W.6 Abdul Jabbar and P.W.9 Abul Ha..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......ions of sections 195 and 476 of the Code of Criminal Procedure. 2. In this case complainant Md. Zakaria lodged complaint against the accused petitioner Sona Mia and others stating that the accused persons in collusion with each other dishonestly created a bainapatra allegedly executed by compla..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......e said firm was renamed as M/s. Bangladesh Aluminium and Iron Manufacturing Company which was previously known as M/s. East Pakistan Aluminium and Iron Manufacturing Company. The defendant No.1 had personal acquaintance with plaintiff No.1 whom he gave personal loan of Tk.45,000/- on different occ..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......Mill. The salary and other benefits of the members of the staff of the said school are paid out of the funds of respondent No.2. The Managing Committee of the school although is composed of different persons, but for all practical purposes the school is an inseparable part of the said Mill. The peti..Category: Labour and Industrial Law | Date: | Hits: 184
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......m) fired a gun shot at Waliullah, who sustained serious injuries and fell on the ground. Thereafter appellant Abdul Gofran dealt a lathi blow on Waliullah causing serious injury and the other accused persons also assaulted the victim with iron rods, lathis, etc. Thereafter the victim was lifted from..Category: Criminal Law | Date: | Hits: 147
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......ous injury, that at this stage Jalal Molla (P.W.10) and Abdul Mazid Molla (P.W.11) came to rescue Sadek, but both of them were injured respectively by Siraj and Nurul Islam and that the three injured persons had been taken to the hospital for treatment. 2. On the basis of the First Information Re..Category: Criminal Law | Date: | Hits: 108
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......asioning failure of justice. Order 21 rule 29 of the Code of Civil Procedure reads as under: “Where a suit is pending in any Court against the holder of a decree of such Court on the part of the person against whom the decree was passed the Court may on such terms as to security or otherwise as..Category: Procedural Law | Date: | Hits: 178
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......usiness independently, without help from others and has been advised by his doctor to curtail his business activities and reside in a peaceful area to avoid tension. In May/June, 1981, defendant No.1 personally met the plaintiff along with Syed Masud Ali and requested him to take back taka one lac p..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......trol over the performance of the duty, such provision should be treated as a directory one. Where, however, a provision of law prescribes that a certain act has to be done in a particular manner by a person in order to acquire a right and it is coupled with another provision which confers immunity o..Category: Procedural Law | Date: | Hits: 152
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......result in the official Gazette was stayed by this Court. 4. The disqualification Clause in section 7(2) (d) in the Local Government (Union Parishad) Ordinance, 1983 is as follows :- "7. (2) A person shall be disqualified for election or nomination as, or for being, a Chairman or a member if-..Category: Election Law | Date: | Hits: 220
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