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Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......d: Shamsul Huda, Advocate - For the Petitioners. H N Nandi, Advocate - For the Opposite Party. Civil Revision No. 3897 of 1996. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 13-11-96 passed by the ...... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62...Category: Employment/Service Law | Date: | Hits: 101
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....yer for pre-emption by filing a written objection denying all material allegations made in the petition and contended that Misc. Case was bad for defect of parties as the pre‑emptor did not make 16 persons as parties as specifically named in paragraph 8 of the written objection in the case who are......that where the heirs of one of the decree-holders were made parties to the execution proceeding out of which the appeal arises but are not made parties to the appeal, they being co-decree-holders are interested in the result of the appeal and can be made parties even at the time of the hearing of th...... There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......e. 8. A person is entitled, to be added as a party in a suit even he be a stranger, if he has direct interest, legal or equitable, in the dispute. Under the principles we find the petitioner as an interested person in the result of the litigation. This Rule, is, therefore, made absolute withou......s. City Bank Ltd. and others………………………………………..Opposite parties Judgment August 25, 1996. Result: This Rule is made absolute. Lawyers Involved: Alaluddin, Advocate-For the petitioner. MA Azim Khair, Advocate–For the Opposite Parties. Civil Rev......er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ..Category: Procedural Law | Date: | Hits: 67
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....on query came to know from his brother that on 8‑12‑95 at 8‑30 PM while his brother Masudur Rahman (Babu) reached at Karim Kuthi Forester Bari pool with his friend Sarder Sagir, all the accused persons attacked them and then picked up Masudur Rahman (Babu) on a motor cycle and took him to Kalu......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ...... petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ..Category: Criminal Law | Date: | Hits: 74
....andoned property and vested in the Government.
9. The purpose of Presidents Order 16 of 1972 is to make provisions for the management, control and disposal of certain property abandoned by certain persons who are not present in Bangladesh or whose whereabouts are not known or who have ceased to o......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
..
Category: Limitation Law | Date: | Hits: 175
....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
...... the said Board in the absence of the petitioner when the petitioner denied the allegations brought against him earlier in the meeting of the said Board on 13‑8‑95. It is now well settled that an educational institution stands in the capacity of loco parentes with that of the students of the Ins..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....king inherent jurisdiction of this Court. The power to be exercised under section 561A CrPC is highly discretionary. Such an extraordinary and discretionary Power cannot be exercised in favour of the persons who have themselves disrespected the Court complained of. The petitioners who have flouted t......well intentioned and was not meant to outrage the rigorous sentiment of the profession of the Muslims or anyone whatever. He has further stated that his presidential address had been distorted by the interested quarters of the Daily Inqilab. It is stated by the petitioner that the newspaper Inqilab ......opolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....er and father were convicted in a case the appellants Mozaffar and his brother Nuru deposed as P.Ws. P.W. 3 further stated that in the following morning also he did not visit the house of the accused persons as he was told by the accused persons that Nasiruddin left their house in that very night. P......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......d appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ..Category: Criminal Law | Date: | Hits: 56
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....under normal law and not by Anti Corruption Act. Since the proceeding against the petitioner No.3 is liable to be quashed, we hold in concurrence with the decision reported in 47 DLR 521 that private persons cannot be tried under sections 4(2) and 5(2) Anti‑Corruption Act, 1947. As such the procee......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......tay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..Category: Criminal Law | Date: | Hits: 105
....he doubt must be resolved in favour of the detenu.
We may now turn to Rule 5 of the Emergency Powers Rules and the material portion may only be quoted:
"5. Restriction of movements of suspected persons, restriction orders and detention orders.- (1) The Government, if satisfied with respect to ......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......s being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....ulted the delay in lodging the F.I.R. 3. On completion of investigation of the case the Police submitted charge sheet under Section 302/34 of the Penal Code against the appellant and other accused persons. At the time of trial the charge under Section 302/34 of the Penal Code was framed against t......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ..Category: Criminal Law | Date: | Hits: 112
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....gonj Kamarkhand Police Station and a case under sections 395/397 was started against the accused appellants and others. 3. The Police after investigation submitted charge sheet against the accused persons under secÂtions 395/397 of the Penal Code. In the meantime the accused appellant was arrest......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immeÂdiately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......ther case. Let the lower Court records be sent down immeÂdiately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immeÂdiately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239...Category: Criminal Law | Date: | Hits: 84
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
.... MoreoÂver, during engravements in the neighboring graveÂyard people habitually used the water reservoir. The plaintiffs and the residents of the Mahalla and the co-paikers of the catties and other persons say their prayers in the mosque. Since the lime of their predeÂcessors they used the water ....... The learned Subordinate Judge argued that admittedly the cattle market exists since the century and admitÂtedly the plaintiff No.1 had the business centre and being resident of Kazir bazar vitally interested in the matter and the other plaintiffs are also interested in the suit being representati......Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, AIR 1938. Lawyers Involved: Dewan A.M.S. Zaman with Ak......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ere is no satisfactory evidence by any independent witness about defence story of possession from 1947 and 1950 but nevertheless there is no evidence to show that the certificate-debtors or any other persons except defenÂdants were in possession of the suit land prior to the auction-purchase by the......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......Kalipada Roy Vs. Mukunda Lal, 34 CWN 131 Section 36; 7 DLR 94, 16 DLR 287 (SC), 6 DLR 539, 23 DLR 99. Lawyers Involved: Dewan A.M.S. Zaman, Advocate - For appellants. B.K. Das with Miftahuddin Chowdhury, AdvoÂcates - For the Respondents. Second Appeal No. 314 of 1973. Judgment Ab......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......ite parties examined one Zinnath Ali as D.W.1. This witness as it appears from his cross-examination comes from Sirajgonj and was the Bharatias of the opposite parties. This witness is obviÂously an interested witness. Little reliance can be placed on the evidence of this witness. Therefore it is s...... period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219........ 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...Category: Criminal Law | Date: | Hits: 70
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
...., a Government order must be approved or orÂdered by the President. 10. In the case reported in 31 DLR (AD) 152 it has been held that 'Government' means either a system of Government or a body of persons administering laws or governing a state. It means the executive authority of the Government....... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......e Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210...Category: Civil Law | Date: | Hits: 87
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
.... booths on religious plea. Opposite party No.1 also intimidated some of the voters who came to cast votes in favour of the petitioner. He also managed to cast in his favour about 40 votes of the dead persons as well as the persons living abroad. The agents of the petiÂtioner were also driven away a......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ..Category: Election Law | Date: | Hits: 163
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....and his mother's brothers and sister from the said property by evicting the care taker. In that view of the matter, the petitioner's mother, her brothers and sisters, who are all respectable educated persons, on their own accord filed a suit, being Title Suit No.82 of 1978 in the 1st Court of Subord......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
....ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ...... hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ..Category: Employment/Service Law | Date: | Hits: 133
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....ce started the case, came to the place of occurrence, seized the alamats, prepared seizure‑lists and on completion of the investigation submitted charge‑sheet on 8.12.88 against all the 8 accused persons including the appellants under sections 397/395/412 of the Penal Code. It may be noted that ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......ce if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
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