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Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....or the Opposite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal No.11 of 1......aintiff-petitioners are directed to correct the valuation of the suit and pay proper Court fees thereon within two weeks from the date of arrival of the records of the case to the trial Court and the notice thereof to the parties concerned. In the facts and circumstance of the case, there will be no......er Ali, Subordinate Judge, Kushtia in Misc. Appeal No.11 of 1984 reversing those dated 12.1.84 passed by Mr. Md. Monjur Kader, Munsif, Kumarkhali in Titie Suit No.173 of 1983 rejecting an application for dismissing the suit on the ground of non-maintainability. 2. The present petitioners as pla..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....ereunder and sentenced to suffer R/I for 14 years by the learned Special Tribunal, Barguna in Special Powers Act Case No.20 of 1990 arising out of GR Case No.8 of 1990 (Bamna) vide Judgment and order dated 25‑7‑1991. 3. The prosecution case as stated on the basis of the First Information Repo......fe Suily, the victim, committed suicide by taking poison at night in the bedroom and on that basis when police came to the place of occurrence but found the dead body of the victim in the kitchen and noticed injury marks on her body which raised doubt as to the cause of death of the victim woman and......he appellant Abdus Sukur Miah was placed on trial under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and ultimately was found guilty thereunder and sentenced to suffer R/I for 14 years by the learned Special Tribunal, Barguna in Special Powers Act Case No.20 of 1990 arisi..Category: Criminal Law | Date: | Hits: 135
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
.... 1988. Judgment Mahmudul Amin Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure preferred for quashing the proceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under section 175 of the Penal Code. 2. The petitione...... Inspector, District Anti-Corruption Bureau, Commissioner's Building, Dhaka by his letter dated 21.4.86 under section 94 Cr.P.C. asked the petitioner to produce certain documents mentioned in the notice by 24.9.86 for inspection. The petitioner's further case is that he received the notice. ......que, Advocate-For the Petitioner. Criminal Revision No.393 of 1988. Judgment Mahmudul Amin Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure preferred for quashing the proceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....vision Case No.23 of 1988. Judgment Nurul Huque Bhuiyan J. - In this Rule under section 25 of the Small Causes Court Act I am invited to examine the legality of the Judgment and decree dated 27.12.87 passed by the learned Assistant Judge and Small Cause Court Judge in Small Causes Cou...... landlord. The rent since Baisakh, 1391 B.S. was in arrear. The defendants were habitual defaulters. The plaintiff terminated the tenancy on the expiry of the last day of Sravan, 1391 B.S. by issuing notices on the defendants under section 106 of the Transfer of Property Act on 15th Ashar, 1391 B.S.......amine the legality of the Judgment and decree dated 27.12.87 passed by the learned Assistant Judge and Small Cause Court Judge in Small Causes Court Suit No.6 of 1984. 2. The facts relevant for the purpose of disposal of the Rule are that the petitioner as plaintiff instituted th..Category: Tenancy Law | Date: | Hits: 214
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellaneous Case No.66 of 1985 by the Commercial Court No.II and Subordi......that the subject matters of the Title Suit and Miscellaneous Case are quite separate and different and the issues are not directly and substantially the same. The opposite party-Bank published sale notices inviting tenders for direct sale of the mortgaged/hypothecated project assets of the petitio...... section 10 C.P.C. should not be set aside. 2. Facts in short are that the petitioner as plaintiff instituted Title Suit No.356 of 1984 (previously T.S. No.14 of 1981) against the opposite party for a declaration that the opposite party-Bank having taken exchange risk commission cannot put into..Category: Civil Law | Date: | Hits: 119
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....recovered one 1.32 bore Revolver and 3 rounds ammunition, one chapate, 23" long, one 13" long knife and one round of ammunition. Police investigated into the case and submitted charge sheet No.10 dated 14.1.89 and forwarded the charge-sheet to the Court of the Magistrate on 15.2.89. Thereafter t......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ......the Petitioners. Criminal Revision No.143 of 1989. Judgment Latifur Rahman J.- In this application under section 561A of the Code of Criminal Procedure, the accused petitioners have prayed for quashing of the proceedings of Special Tribunal Case No.89 of 1989 under section 19A of the Arms..Category: Criminal Law | Date: | Hits: 84
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....ttorney-General - For the State. Criminal Appeal No.3801 of 2004. Judgment M Enayetur Rahim J.- Convict Md. Delwar Hossain has preferred this appeal being aggrieved by the judgment and order dated 21-9-2004 passed by the Metropolitan Special Tribunal No.10, Dhaka in Metropolitan Special Tri......তে আইনতঃ কোন বাধা নাই।” and the case of Mahmudul Vs. State, reported in 53 DLR (AD) 21 where it has been held: "Judges are competent to take judicial notice of the fact about the present condition of law and order situation in the country and, as suc......litan Special Tribunal No.10, Dhaka in Metropolitan Special Tribunal Case No.82 of 2002 convicting him under section 19A and 19(f) of the Arms Act, 1878 and sentencing to suffer rigorous imprisonment for 10 years and 7 years respectively and to run concurrently. 2. Prosecution Case, in short, is ..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....fact relevant for disposal of the rule, in short, is that the then Government through the Bureau of Anti Corruption lodged FIR with Tejgaon Police Station upon which Tejgaon Police Station Case No.34 dated 7-8-2002 under sections 409/418/109 of the Penal Code read with section 5(2) of the Prevention...... 14. Mr. Mahmudul Islam, learned Senior Counsel referred the case of Mustafa Kamal Vs. Commissioner of Customs, reported in 52 DLR (AD) 1, wherein it has been held that— "The Court should take notice under section 114(e) of the Evidence Act and start with the presumption of regularity in the ......he State. Syed Mizanur Rahman, Advocate - For the Anti-Corruption Commission. Criminal Miscellaneous Case No.13163 of 2003. Judgment Md. Shamsul Huda J.- Supplementary affidavits filed before us do form part of the main application. 2. This rule was issued on 6-12-2003 calling upon t..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
.... Revision No.1406 of 1990. Judgment Syed Amirul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the Judgment and decree dated 19‑5‑1990 passed by the Subordinate Judge, Rajshahi in Title Appeal No.66 of 1989 allowing...... pendency of the suit the plaintiff opposite party No.1 filed an application for temporary injunction under Order 39 rules 1 and 2 mad with section 151 of the Code of Civil Procedure and a show cause notice was issued to the defendant petitioners and ultimately the trial Court after hearing the inju......tuted the instant suit being other class suit No.133 of 1986 in the Court of the learned Senior Assistant Judge, Sadar Upazila, District Rajshahi impleading the present petitioners and others praying for declaration that the resolution dated 24‑6‑86 adopted by the defendants and communicated vid..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....rim, Md. Khurshid Alam Khan and Abdul Jalil Gazi, Advocates ‑ For the Opposite Party. Civil Revision No.1469 of 1996. Judgment Md. Gholam Rabbani J.- This Rule is directed against an order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka, in Title Suit No.118 of ......ule 1, CPC this revision is incompetent as an appeal lies to the Court of District Judge against the said order under Clause (r) rule 1, Order 43, CPC. 6. The learned Advocate is not correct if we notice the opening sentence of section 115, CPC conferring on the High Court Division the jurisdicti......sed by the learned Subordinate Judge, 2nd Court, Dhaka, in Title Suit No.118 of 1996. 2. Opposite party Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity Ltd. as plaintiffs have instituted the aforesaid title suit against the defendants‑petitioners the "Daily Janakantha" and others in substa..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....ers Involved: No one appears. Civil Revision No.1293 of 1996. Judgment SM Emdadul J.- The Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 4-11-1995 passed by the Subordinate Judge and 3rd Artha Rin Adalat, Chittagong in Family Appea......idence on record decreed the suit in part and declared that the plaintiff is entitled to get only the prompt dower because the divorce was not legally effected due to the non compliance of service of notice to the Chairman under section 7(1) of the Muslim Family Laws Ordinance, 1961. 6. Being agg......d not be set aside. 2. Plaintiff case, in short, is that the opposite party as plaintiff instituted Family Suit No.46 of 1992 in the Family Court and Assistant Judge, 1st Court, Patiya, Chittagong for maintenance and dower. Further case of the plaintiff is that defendant and plaintiff were legall..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....t to be dealt with in accordance with law and why her detention should not be declared illegal. 2. This appeal, namely, Criminal Appeal No.1664 of 1993, is directed against the Judgment and order dated 13‑7‑91 passed by the Additional District and Sessions Judge, 2nd Court, Dhaka, convicting......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......ladesh, the Deputy Commissioner, Dhaka, and the DIG (Prison), Dhaka Central Jail, Dhaka, to show cause as to why the detenu Eliadah McCord, now detained in Dhaka Central Jail, should not be brought before this Court to be dealt with in accordance with law and why her detention should not be declared..Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....nior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. None appears—For Respondent Nos.2 (a)-3. Civil Appeal No.191 of 2005. (From the judgment and order dated 25-1-2003 passed by the High Court Division in Civil Revision No. 5935 of 2000.) Judgment ......ansferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No notice for transfer was served upon her and she being a co-sharer in the holding is entitled to pre-...... being a Government Servant, she used to stay with her husband at different places and so she could not visit her paternal home regularly. On her request her brother, the vendor, arranged a meeting for amicable partition of the joint property and in the said meeting, the vendor disclosed that he..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....ir duties, the plaintiff respondents on 24.09.1981 went to resume their duties, but the defendant-petitioner did not allow them to join on the ground that their services were terminated by an order dated 17.09.1981 passed by him. It was the contention of the plaintiffs that the order of terminatio......he Rupali Bank (Employees) Service Regulations, 1981. He submitted that Regulation 14 provides that a confirmed employee can also resign from his service in the Bank by giving three months previous notice to the Managing Director of his intention to do so or by paying three months pay as compensat......, Barisal in Title Appeal No. 59 of 1985 affirming those of the learned Munsif, 1st Court, Barisal passed in Title Suit No.64o of 1984. 2. The plaintiff opposite party Nos.1-11 instituted the suit for a declaration that the order of termination of their services passed on 17.09.1981 by the petiti..Category: Labour and Industrial Law | Date: | Hits: 186
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....aliluddin Ahmed J. - This is an application under section 5 of the Limitation Act for condonation of delay in filing an appeal under section 30 of the Special Powers Act, 1974. By judgment and order, dated 23.11.1985, passed by the Special Tribunal, 2nd Court, Rangpur in Special Tribunal Case No.3......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......y Attorney General-For State. P.K. Bose - Amiens Curiae. Criminal Court's Order No.14 of 1986. Judgment Daliluddin Ahmed J. - This is an application under section 5 of the Limitation Act for condonation of delay in filing an appeal under section 30 of the Special Powers Act, 1974. By ju..Category: Limitation Law | Date: | Hits: 222
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....her 5 children of Nidarabad were missing since the night following 5‑9‑89 and on search they could not be traced out. On the basis of that information, Brahmanbaria Police Station GD Enter No.266 dated 7‑9‑89 (Ext 8) was recorded. In view of the said OD Entry P.W.27 SI Shudhendu Bhattacharji......ion Bench of Dhaka High Court observed as under: "It is true that a first information report cannot be used to contradict any witness other than the informant, but the Court can and should take notice of the earliest recorded statement with regard to the prosecution case in the context of the ......iminal Appeal No.1437 of 1991. Judgment Md. Badruzzaman J.- The Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Brahmanbaria, for confirmation of the sentence of death imposed upon accused Tajul Islam, Abdul Hossain, Feroz Mia..Category: Criminal Law | Date: | Hits: 139
Category: Procedural Law | Date: | Hits: 131
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....ion No.2607 of 1992. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Md. Azizul Huq calling upon the respondents to show cause as to why Judgment and order dated 27‑01‑82 passed by the Labour Court, Khulna in Complaint Case NO.29 of 1979 (Annexure F) s...... of this Act;" 6. From the above it appears that Labour Court is competent to pass an appropriate order deciding the case on receipt of a complaint under clause (b) of section 25 of the Act, after notice and hearing of the parties. Thus it is clear that Labour Court’s power is not restricted to......ed by the Labour Court, Khulna in Complaint Case NO.29 of 1979 (Annexure F) shall not be declared to have been passed without lawful authority and of no legal effect. 2. Learned Advocate appearing for the petitioner after placing the impugned Judgment and order and other materials on record submi..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....on No.46 of 1990 (Chittagong). Judgment Kazi Ebadul Hoque J.- In this Rule petitioner Abdul Satter, Fitter of Victory Jute Products Limited has challenged the legality of the decision and order dated 12‑7‑90 (Annexure‑D to the petition) passed by AM respondent No.1, Chairman, Labour, Cou....... Had there been any aggravating circumstances in the previous service record of the petitioner Respondent No.2 would have mentioned the same in his affidavit in opposition. 5. It has already been noticed that the alleged misappropriation was in respect of some small spare parts, namely, screws v......of the decision and order dated 12‑7‑90 (Annexure‑D to the petition) passed by AM respondent No.1, Chairman, Labour, Court, Chittagong in Complaint Case No.87 of 1986. 2. The teamed Advocate for the petitioner submitted that the respondent No.2 did not take into consideration 22 years unble..Category: Labour and Industrial Law | Date: | Hits: 183