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Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......rovision of section 138 of the Negotiable Instruments Act which reads as follows: "138. Dishonour of cheque for insufficien­cy, etc. of funds in the account.— (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to anoth­er..

Category: Criminal Law | Date: | Hits: 94

AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)

....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455....... The learned Advocate has submitted that this is not tenable in the eye of law since the petitioner has been acquitted by the competent Court after trial. He has further submitted that petitioner had personal enmity with Assistant Director Ataur Rahman and at his instance he was implicated in this c..

Category: Employment/Service Law | Date: | Hits: 147

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......95 "মরমী কবি দেওয়ান হাসন রাজার নারী সঙ্গপ্রিয়তা দোষনীয় ছিল," which was discarded and condemned by no less a person than her father Professor Dewan Azraf, grandson of Hason Raja saying “একজন পু..

Category: Civil Law | Date: | Hits: 210

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ...... All that a plaintiff in a suit under section 9 of the Specific Relief Act is required to prove is his possession and dispossession within six months next before the institution of the suit. Before a person call come under section 9 he has to show that he had actual physical possession of the immova..

Category: Property Law | Date: | Hits: 121

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......ll 1993 the plaintiffs kept silent which also creates serious doubt in the plaintiffs' case. 17. Section 27 of the Specific Relief Act deals with the provision regarding relief against parties and persons claiming under them by subsequent title. Section 27(b) of the said Act runs as follows: "..

Category: Property Law | Date: | Hits: 90

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......6 of 2009. He further goes to submit that section 17(1) of the Act No.58 of 2009 clearly provides that for every ward the Commission shall frame a voter list; section 17(2) further pro­vides that no person shall be entitled to be a voter unless he is a citizen of Bangladesh; rule 4(1) of the “স..

Category: Election Law | Date: | Hits: 217

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......t difficult to defend the impugned order on any other ground. 8. The object of rule 10 (2) of Order 1 of the Code of Civil Procedure is to enable the court at any stage of the suit/case to add any person as a party when it is found necessary for effectual and complete adjudication of all question..

Category: Property Law | Date: | Hits: 94

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......he interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respondents was dispensed with while fixing a date o..

Category: Constitutional Law | Date: | Hits: 353

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ...... for its cancellation. 2. Plaintiffs’ case is that, Cherag Ali Pandit the admitted owner of the suit land did never execute the kabala, his signature was forged, the deed was registered by false personation by Salamatullah, the predecessor-in-interest of the defendants; there was no thumb impre..

Category: Procedural Law | Date: | Hits: 103

Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)

....sed Zainal Abedin on his head with wooden roller and his throat was cut by accused Chiranjib Roy with a knife and they threw the dead body in river Kalni having the same tied up with RCC pillars. The Inquiry Officer then arrested accused Abul Kashem and Chiranjib Roy and they confessed their guilt a......ted the petitioners’ prayer for discharging them from the aforesaid case on the ground that no case has been made out against them. It appears that this Rule was issued at the instance of 3 accused persons namely, Hifzur Rahman, Fazlul Karim and Abdur Rob. The learned Advocate appearing on behalf ..

Category: Criminal Law | Date: | Hits: 102

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......nd over him to India. He states that as Anup Chetia was charged with treason by the Indian Government he came to Bangladesh to save his life. The petitioner states that Chetia is not a criminal but a person who has been fighting for right of self-determination for the Assamese people. He also states..

Category: Constitutional Law | Date: | Hits: 421

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ...... his father and became a co-sharer in the building by inheritance. He came to know that his share to the extent of 0.0310 acre of land the share of the building thereon have been transferred by false personation by two forged kabalas collusviely and without consideration, which are void ab initio by..

Category: Property Law | Date: | Hits: 113

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......t be challenged in view of the fact that there was an alternative remedy for quashing the proceedings under the Criminal Procedure Code. Further, both the petitioners, in fact, were not the aggrieved persons and, as such, the two writ petitions were summarily rejected. But in the present two writ pe..

Category: Criminal Law | Date: | Hits: 202

Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)

....rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......ecords. It is not a case of individual liability and the allegation is directed against the employees and officers involved. Therefore, it was not possible to fix up lia­bility of individual accused persons in terms of defalcated money. After investigation it would be known. For that reason, there ..

Category: Criminal Law | Date: | Hits: 101

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......er, is also qualified to subscribe the name of the petitioner in the nomination paper for the post of Chairman. Further, there is also nothing on record to show that dispute has been raised by any person to the effect that the voter numbers of the petitioner as well as the proposer are wrong and..

Category: Election Law | Date: | Hits: 211

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......ing of (i) 'Be' which means 'without' and (ii) 'Nam', which means 'name'. It literally means without name, that is nameless or fictitious and is used to denote a transaction which is really done by a person without using his own name. That is, not in the name of real purchaser, but in the name of an..

Category: Property Law | Date: | Hits: 103

Abdul Hannan Vs. Managing Committee, Mohamma­dia Market Baboshahi Bahu­mukhi Samabaya Samity Limited, 2000, 29 CLC (HCD)

....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 409. ...... thereto are among the following namely: (a) the society, its managing committee, any past or present officer, agent or servant or the liquidator of the society, or (b) a member, past member or person claiming through a member, past member or deceased member of the society, or (c) a surety ..

Category: Procedural Law | Date: | Hits: 124

Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)

....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ...... under police custody. In his deposition he flatly denied to have any knowledge about the case and said that he was not asked about it by the police. In reply to cross-examination made by the accused persons he pleaded his ignorance about the place from where the accused persons were arrested. He co..

Category: Criminal Law | Date: | Hits: 74

Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)

....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ...... order dated 31‑11‑91 passed by the learned Sessions Judge, Sariatpur, in Sessions Case No.16 of 1991 convicting appellants, Amir Hossain Dhali and Abu Bakar Matbar along with seven other accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imp..

Category: Criminal Law | Date: | Hits: 85

Institute of Child Mother Health Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others, 1996, 25 CLC (HCD)

....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160.......cate for the petitioner in all the Rules, at the outset submits that the impugned awards were passed in violation of the mandatory provisions of the Act. These are number one, under section 28 only a person can make an application to the Arbitrator who has not accepted the award, but in the instant ..

Category: Property Law | Date: | Hits: 84