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Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....ddin then protested whereupon Fulu struck on his head with the spear. Amiruddin fell down and appellant Nos.2 and 3 began to beat him with lathis. Thereafter there started random fighting between the parties. 4. P.W.2 Abdul Jabbar also protested whereupon appellant No.4 gave barsha blow on the lef......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
.... Vs. Province of East Pakistan, I8 DLR 629. Lawyers Involved: Dewan A M S Zaman, Advocate‑For the Petitioner. Nazrul Islam Chowdhury and Md. Abdur Rab, Advocates- For the Opposite parties. Appeal from Original Decree No. 42 of 1982. Judgment Mohammad Ismailuddin......rd shall be entertained by the Court unless the applicant has deposited in Court the amount which is required to pay under the award or has furnished security to the satisfaction of the Court for the payment of such sum or for the fulfillment of any other objection by him under the award." It ......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428...Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....cancellation of lease granted in favour of the petitioner of a restaurant by the name Ramna Cafeteria within the Ramna Park belonging the City PWD Division Dhaka. The cafeteria also belongs to this Department. The respondent No.1 floated tender by tender notice being Memo No. 2533(2)/15‑C dated 30......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....pazila Sreepur, District Dhaka in Misc. Appeal No.73 of 1983 reversing those passed on 16.8.77 by Mr. Abdul Awal, Circle Officer (Rev), Sreepur rejecting the application filed by the present opposite party Abdul Baten under section 4 of the Alienation of Land (Distressed Circumstances) (Restoration)......rvation that the appellant Abdul Baten is entitled to have his alienated land in question restored as per provisions of the said Ordinance. There is, however, no direction in the order as to the re‑payment of the amount of the consideration money as provided in section 4(2)(b) thereof. It is again.......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......oan. There are various kinds of loan that one may take from a bank. Some loans may be simply overdraft facilities, for which the bank may not fix any time-limit. The bank usually makes a demand for payment and when the loanee fails to repay the loan, the bank files a suit to save limitation. In or......n 12.12.88 the petitioner moved this application and obtained the present Rule. 4. Mr. Md. Fazlul Karim, learned Advocate for the petioner, submits that since the respondent No.1 was a defaulter-loanee on 10.1.88 he was not qualified to file nomination paper before the Returning Officer under..Category: Election Law | Date: | Hits: 216
....ty and totally ignoring the petitioner's seniority over all such promotees except No.14.
3. The Government of Bangladesh contested the case by filing a written statement.
4. After hearing the parties and considering the evidence and records of the case the Administrative Tribunal passed the ......ons and orders. Rule 7 enjoins upon the Tribunal to-follow, as far as practicable, the provisions of the Code of Civil Procedure, relating to the execution of a decree. A decision and order directing payment of money to an applicant may thus be enforced by following the provisions of the Code of Civ...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538...
Category: Administrative Law | Date: | Hits: 445
....nd so he was taken back to the custody and immediately thereafter the detention order was served. The sequence of events shows palpably that it was colourable exercise of power and mala fide on the part of the respondent." Thus from the above judgment it is apparent that when the exercise of power......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
..
Category: Criminal Law | Date: | Hits: 100
....uch the legality or otherwise of the order of transfer of the Respondent No.2 affecting the terms and conditions of his service is exclusively triable by the Administrative Tribunal.
8. Moreover, apart from section 4 of the Administrative Tribunal Act, we must refer to Article 117 of the Consti......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....e ends of justice, he himself could have taken such evidence under Order 41, rule 27, C.P.C. instead of remanding, the suit mainly for that purpose although this rule 27 is not intended to enable a party to patch up the weak part of his case. Where the appellate Court considers the taking of addit....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....rong marks and shall not be held liable for any misdelivery, deterioration or complete destruction of all such cargo discharged into the Jetty premises. (g) If any, owner, without any fault on the part of the Jetty Administration fails to remove any cargo (other than those stored in Warehouses Li......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
....ed to be present on the spot on 1.4.84 to receive the compensation money, but they did not appear. Although Kishoregonj was made a separate district from 1.2.84, the records of the Land Acquisition Department reached the new district headquarter on 26.4.84. Before the records reached the new distric...... cloth business therein. The respondent No.3 is a private body engaged in profit earning businesses. It has many buildings at Kishoregonj which have been let out. The respondent No.3 defaulted in the payment of rent. It also sublet a portion of the demised premises. The present petitioners succeeded......t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....ged information from the Retiming Officer (Annexure B) on 7.3.88. The present respondent filed his affidavit-in-opposition in Writ Petition No.849 of 1988 on 10.7.88. It was perfectly possible on the part of the petitioner to agitate the present question in the previous Writ Petition and was also po......fore, find that this Rule does not merit any 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) 324. ......fore, find that this Rule does not merit any 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) 324. ..Category: Election Law | Date: | Hits: 215
....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......d by delivery of possession on 30-1-1961 by the Government of Pakistan subject to usual terms and conditions laid down in the lease deed. The respondent No.2 had been enjoying the property on regular payment of rent and taxes to the respective authorities but for disturbance in 1971 he had to vacate......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396...
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
.... Act, 1887 and is directed against the judgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant st...... 6. Mr. BK Das, learned Advocate appearing for the defendant-petitioner, submits that according to the plaintiff himself, defendant-petitioner was let out with the suit premises on stipulation of payment of Taka 800.00 as monthly rent to be paid on the following month according to Bengali calend......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....on for proceeding with the execution case and the Assistant Judge, Cox’s Bazar allowed the prayer of the decree holders by his order dated 27-5-1992 and fixed 3-6-1992 for taking necessary opposite parties were aware of the execution proceeding at least on the date on which they made such an appli...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....the prosecution case and as such the appellant is entitled to be acquitted on benefit of doubt. 8. As an alternative and second line of argument, Mr. Khan submits that even if the ejahar story and part of the evidence of P.Ws.4 and 6-9 are taken into consideration, the allegations do not constitu......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
.... of his contention that the amendment has been brought within the permissible limit of Article 27 of the Constitution, the principles of law enunciated by the different Courts of this subcontinent, particularly in India and Bangladesh, he has also referred to the following decisions in addition .......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......y of section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 was questioned on the ground that disqualification to be the candidate in the Union Parishad election, being a defaulter-loanee, is discriminatory inasmuch as no such disqualification has been imposed in the election to..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
.... 2. It appears that decree-holder petitioner Sonali Bank obtained a decree in the High Court of Justice Queen's Bench Division, London (England), United Kingdom against the judgment-debtor opposite party Abidur Rahman for a sum of £4,31,845.70 with interest and costs. Thereafter decree-holder-p....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......ich the Subordinate Judge and Commercial Court No.1, Dhaka has been given territorial jurisdiction over the whole District of Dhaka (i.e. District Court of Dhaka) in respect of suits relating to Bank loans and other Banking matters. In other words, by this notification the Court of the District Judg..Category: Procedural Law | Date: | Hits: 168
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ant Attorney-General - For the State/Respondent. Writ Petition Nos.8362 with 7948 of 2009. Judgment Md. Ashfaqul Islam J.- Supplementary affidavits filed in both the writ petitions be formed part of the main petitions. 2. Both the writ petitions are taken up together and disposed of by a...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ..Category: Criminal Law | Date: | Hits: 89
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
.... 1(a)-1(e). Civil Revision No. 4142 of 1999. Judgment Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 22-8-1999 passed by the Add......behalf of the present petitioner is not applicable in the instant case. Our Appellate Division in that case has declined to interfere with the restoration of the suit as the suit has been restored on payment of compensatory cost to the petitioner. In the instant case, the suit was not restored on co......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
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