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Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)

....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......dant Nannu Miah is directed against the order passed on 8.4.86 by the Subordinate Judge‑in­-Charge, 1st Court, Dhaka refusing to reject the plaint in Title Suit No. 865 of 1980. 2. The opposite party No. 1 Mst. Peer Banu Bibi brought Partition Suit No. 234 of 1975 in the 1st Court of Subordina..

Category: Procedural Law | Date: | Hits: 86

Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)

....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......t Judge, Daudkandi Upazila in Election Tribunal Case No. 5 of 1988. 2. The material fact giving rise to this rule are that at the last Union Parishad election held in 1988 the petitioner, opposite party No. 1 and another contested for the office of Chairman of No. 10 Daudkandi (North) Union Paris..

Category: Election Law | Date: | Hits: 139

Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)

....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519....... his rifle which struck on the abdomen of Shahabuddin near his navel. Soon thereafter on the order of accused petitioner Barik, accused Mogal fired another shot from his rifle whereupon the informant party had dispersed and then the accused persons departed from the place of occurrence. Shahabuddin ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......application under Order XXXVIII, rule 5 is incompetent. In support of this argument Mr. Hafizullah has relied upon an unreported decision of a Divisional Beach of this Court, to which one of us was a party. In Civil Revision No. 648 of 1971, United Aircraft Corporation & another Vs. Pakistan Int..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240

Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)

....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ...... No. 1 of 1977 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre‑empting the land in question on the plea that Bidhyadar Mondal, the owner of the land, sold it to the opposite party Nos. 1‑3 who were strangers to the holding and the petitioner is the contiguous owner by pur..

Category: Property Law | Date: | Hits: 95

Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)

....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..

Category: Property Law | Date: | Hits: 97

Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)

....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......spondent No. 1 opposed the prayer of the petitioner by filing an affidavit‑in‑opposition. It is averred that the detenu used to cause alarm in the Dhaka University under the shadow of a political party and thus created law and order situation amongst the students of the University perpetrating a..

Category: Constitutional Law | Date: | Hits: 287

Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)

....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......int by the plaintiff the Court ought to have enquired into the matter when an objection is raised for putting a lower valuation. 5. Mr. Mustafa Niaz Muhammad, the learned Advocate for the opposite party, made an attempt to repeal the contention of the petitioner and submits that the application w..

Category: Procedural Law | Date: | Hits: 83

Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)

....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......ite Party. Civil Revision No. 676 of 1984. Judgment Mohammad Ismailuddin Sarker J. - This Rule, at the instance of the defendant‑petitioner was issued calling upon the plaintiff‑opposite party to show cause why the impugned order Nos. 18 and 20 dated 28.8.84 and 2.9.84 respectively pass..

Category: Property Law | Date: | Hits: 90

Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)

....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......n it has been Held that: "If the owner whose property is encroached upon suffers his right to be barred by the law of Limitation the practical effect is the extension of his title in favour of the party in possession, Consequently where the executor holds the property adversely to the heir for up..

Category: Property Law | Date: | Hits: 71

Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)

....h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ....... Not represented ‑ the Opposite Parties. Civil Revision No. 370 of 1989. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure, opposite party Nos. 1 and 2 are directed to show cause as to why the order No. 78 dated 9.3.89 passed by the ..

Category: Procedural Law | Date: | Hits: 68

Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)

....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..

Category: Criminal Law | Date: | Hits: 104

A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)

....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......ts to his favoured parties having no credit balance in their accounts, accepting cheques from them without entering the same in the records causing regular cash shortage in the bank. On 18.3.96 audit party was scheduled to come to the bank at 5 PM and hearing the same co‑accused bank officers Kera..

Category: Criminal Law | Date: | Hits: 91

Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......€‘ For the State. Criminal Miscellaneous Case No.550 of 1992. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and opposite party No.1 Mr. Harunar Rashid Chowdhury, Joint Director, Banizing Control Department, Bangladesh Ban..

Category: Criminal Law | Date: | Hits: 125

Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)

....as good in law and there is nothing for this Court to interfere with at this stage and if the election is postponed the petitioner's right to contest the election would be taken away for a very minor defect in filing the nomination paper. Mr. Moudud Ahmed submits that this qualification or disqualif......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..

Category: Election Law | Date: | Hits: 126

Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)

....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ...... that he was an employee of one Belayet Hossain, Proprietor of Comilla Salt Industries. In the morning the said Belayet Hossain had left for his village home and in his absence the accused opposite‑party Abdul Gani Bhuiyan and his two brothers along with 8/10 employees of the said industries took ..

Category: Criminal Law | Date: | Hits: 64

Siddique (Md) Vs. State, 1992, 31 CLC (HCD)

....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......se. It was also held: "It can be safely assumed that the proceedings without giving opportunity of hearing are coram non judice and the order passed as a result thereof is a nullity. And if the party affected by such an order had no knowledge of the same, the plea of limitation that it starts ..

Category: Criminal Law | Date: | Hits: 68

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

....s of the petitioners have been decided to be acquired. Thus it is clear that the petitioners understood the identity of the land which has been decided to be acquired from them. So we do not find any defect in the said notices to declare the acquisition proceeding without lawful authority on the gro...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..

Category: Property Law | Date: | Hits: 79

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......ncapable of exercising her free will would go to the custody of her father, in default, she would remain in judicial custody. Accused Fakhrul Islam alias Liton was, however, granted bail. The accused party moved the Sessions Judge in Criminal Miscellaneous Case No.1041 of 1990 seeking the release of..

Category: Criminal Law | Date: | Hits: 80

Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)

....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......ls on record disclose, prima facie, offence against the petitioners and that a case of the nature cannot be withdrawn only because the petitioners are the political activist of a particular political party. 7. We have heard the learned Advocate-on-Record for the petitioners and perused the connec..

Category: Criminal Law | Date: | Hits: 81