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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. ......of direct evidence of eye-witnesses. 11. By section 236 Cr.P.C. the Court is expressly permitted to frame a charge in respect of any of the several offences which might have been charged. By the application of section 237 Cr.P.C. a conviction can legally be obtained, in a case of this kind, of ..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. ......ppeal dated 24.1.84 (Annexure K) rejected the appeal. Under section 4 of the Board Act a right of review within 60 days of the order has been provided for but the respondent No.4 did not prefer any application for review. Instead, he preferred an incompetent appeal before the Ministry of Land Ad..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.......cipal authority took up a project to rehabilitate the affected shopkeepers preparing a layout plan on 454 plots of four different sizes. The Municipality obtained from the affected shopkeepers 1650 applications with security deposits of Tk. 250/-, Tk. 500/-, Tk. 750/- and Tk. 1000/- in the form of..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.......rinciple of criminal Jurisprudence and provision of section 101 of the Evidence Act, presumably invoking the aid of section 106 of the Evidence Act though section 106, Evidence Act has no manner of application in the instant case. In order to bring the case within the scope of section 106, Evidenc..Category: Criminal Law | Date: | Hits: 101
....took the view that after the repeal of Vested and Non‑Resident Property Ordinance vide Ordinance No.92 of 1976 there was no scope for starting any VP case under the provisions of the aforesaid law afresh and if any proceeding is started for treating a property as vested property, under law that wi......rity. That the said unauthorised occupant Abdur Kader recently demolished the shed in the suit holding ousting the tenants and brought one Mr. Mojibur Rah man and amongst the occupants some had filed application for lease of the suit holding. Since the owner Ram Chandra Paul left this county long ag..
Category: Property Law | Date: | Hits: 134
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. ......any other competent Court. The said transfer petition filed under section 24 CPC was dismissed by the learned District Judge on 10.5.1993. Thereafter the plaintiff‑opposite party before me moved an application under section 24 CPC before this Division for transferring the said execution case from ..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. ......s under sections 302/149 of the Penal Code and awarded the excessive sentence. As we have already found that accused Khalilur Rahman and Habibur Rahman had no premeditation to kill Sikim Ali as such, application of section 149 bringing the operation in common object for tagging the other offenders u..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......o be that of the writer a lenient view may be taken in case of the Editor, the Printer and the Publisher for such news item or the article, as the case may be. As in this case contemners 2 and 3 file application for apology and mercy I am satisfied that in view of the statements made therein and att..Category: Criminal Law | Date: | Hits: 149
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......ion and seen that the decision was made in respect of the homestead land falling within the Municipal area embracing within the ambit of Non‑agricultural Tenancy Act, 1949. So, that decision has no application in the instant case. 7. Mr. SR Karmaker, the learned Counsel submits that an agricult..Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......hammed J.- This Rule was obtained by the defendant in SCC Suit No.21 of 1984 (renumbered as SCC Suit No.21 of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defendant‑petitioner to transfer the suit. 2. The opposite parties filed the..Category: Procedural Law | Date: | Hits: 125
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368....... as provided in sub-section (5) of section 167 of the Code of Criminal Procedure. He further has argued that when there is any legislation by incorporation or by reference to any provision of law the application of the provision amended or added by such legislation be restricted to the extent of the..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....d by the P.W.1 himself on cross-examination. The exhibits referred to above were made and written to different persons by the plaintiff disclosing the date and time of the occurrence of power failure fresh from his personal knowledge and memory and in those exhibits the date of power failure was cle...... that there held Machinery Break Down, that the suit is not barred under Clause 8(b) and that the plaintiff is entitled to get a decree for the money claim.” 7. Thereafter the plaintiff filed an application under Order 47 rule 1 of the Code of Civil Procedure initiating Miscellaneous Case No.12..Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......hury, Advocate - For the Petitioner. Md. Khurshid Alam Khan with Pankaj Kumar Kundu, Advocates - For the Opposite Party. Civil Revision No.1589 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the propriety of the concurrent decisi..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......aged property within 12 months the decree holder bank would have absolute right to sell the mortgaged property through Court and accordingly on failure to repay the decreetal amount the bank filed an application for restoration of the said execution case because of non-compliance of the terms of the..Category: Civil Law | Date: | Hits: 235
....hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 416.
......of Customs, Benapole, Jessore…………Applicant
Vs.
President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others………Respondents
Judgment
May 18, 2011.
Result:
The application for condonation of delay is rejected.
Lawyers Involved:
Nahid Yeasmin, Assistant ..
Category: Limitation Law | Date: | Hits: 324
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....uit No.146/1976 in the said Court of the Subordinate Judge for dissolution of partnership and rendition of accounts but the said suit was subsequently withdrawn with permission of the Court to sue afresh on same cause of action. Hence the instant suit. 4. The defendant Nos.1-3 contested the sui...... without any order as to cost. The Judgment and decree passed by the learned Subordinate Judge are set aside and the suit is dismissed. During the hearing of the appeal the appellants have filed an application under sections 476 and 476A Cr.P.C. praying for directing the Deputy Registrar II of t..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....espondent No.2 to the petitioner’s representation dated 8-5-86 that due to pendency of the writ petition it was not possible on the part of concerned authority to consider his grievance for fixing afresh his pay in the light of the New National Pay Scale declared in 1985. Thus, we like to make it ...... 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 petitioner, being a workman of the said Mill, filed as application under section 34 of the Industrial Relations Ordinance, 1969 to the respondent No.1 clai..Category: Labour and Industrial Law | Date: | Hits: 184
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......ement is a forged and fabricated one and hence the suit is liable to be dismissed with costs. 5. The third party, the opposite party No.2 one Abul Kashem, through his constituted attorney filed an application under Order 1, rule 10(2) of the Code of Civil Procedure in the Court of Additional Subo..Category: Procedural Law | Date: | Hits: 121
....issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......wyers Involved:
Md. Waliul Islam, Advocate- For the Petitioner.
Md. Bodruddoza, Advocate - For the Respondent.
Writ Petition No. 3828 of 1997.
Judgment
Mainur Reza Chowdhury J.- On an application made by the petitioner under Article 102 of the Constitution of the People’s Republic ..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......998 by the opposite party No.1 through Execution case No.2 of 1998 as the opposite party No.1 did not comply with the term of the decree within the stipulated time. The opposite party No.1 filed an application to draw contempt proceeding against the Chairman, Bangladesh Telegraph and Telephone Boa..Category: Alternative Dispute Resolution | Date: | Hits: 291
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