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Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
.... wife of the detenu Ansarul Huq who was Ex-Manager, Agrani Bank, Khatunganj Branch, Chittagong. Upon an F.I.R. lodged by the Inspector of Police, Anti-Corruption Department, Kotwali P.S. Case No.12 dated 16.7.86 under sections 420/409/ 467/468/471/447/109 of the Penal Code read with section 5 (2) ......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....e submits that on 14.7.87 Mr. Akhlakur Rahman Chowdhury, the learned Special Tribunal No.11, Bogra received the case record for trial and all along he presided over that Tribunal till 4.9.88 on which date the accused petitioners filed an application under section 339C of the Code of Criminal Procedu......ogra. He, however, submits that the time limit imposed by section 339C of the Code of Criminal Procedure will not apply in the cases triable by the Special Tribunal. He, however, could not cite any decision in support of his contention. Section 29 of the Special Powers Act, 1974-runs as follows..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......s that the case should be remanded for ends of justice, it can remand it in the exercise of its inherent power in the absence of any provisions in the Code. 10. In view of the discussions and the decision referred above I hold that both the Judgment and decrees passed in Title Appeal No.28 of 19..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
..... Civil Revision No.1608 of 1992. Judgment Syed JR Mudassir Husain J.- This Revision application under section 115 of the Code of Civil Procedure is directed against the Judgment and decree dated 27.2.92 passed by the learned Subordinate Judge, 4th Court, Dhaka in Title Appeal No.173 of 19...... opposite party cannot be said to have acquired any right, title or interest on the basis of such transfer, and, as such, the Court of appeal below committed error of law resulting in an error in the decision causing failure of justice in affirming the Judgment and decree of the trial Court. The lea..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....ther for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were issued asking the opposite Parties to show cause why orders dated 27.5.94 and 29.5.94 passed in Sessions Case Nos.3 of 1994 and 27 of 1994 respectively should n......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....man Miah filed a First Information Report with the Sonargaon Police Station after taking with him one arrested dacoit, namely, Jahangir. According to his statement, Sonargaon Police Station case No.4 dated 17.9.88 under section 398/394 was lodged and during investigation the witness (P.W.1) came to ...... 1952 (SC) 343 where in it is held. "It is settled law that an admission made by a person whether amounting to a confession or not cannot be split up and part of it used against him." 27. These decisions would go a long way to justify that one part of the confession cannot be accepted and othe..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
.....1.91 Sessions Judge Special Tribunal took up the case for framing charge when the accused persons raised objection as to submission of charge-sheet beyond the specified time. By order passed on that date learned Sessions Judge (Special Tribunal) upheld the contention of the accused persons holding ......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
....petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Special Judge, Dhaka. 2. The proceedings of the case was stopped by order dated 4.11.89 under section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 and thereafter o...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146...Category: Procedural Law | Date: | Hits: 99
....shmat Ali Assistant Attorney-General - For the Respondent No.2.
Writ Petition No. 1087 of 1994.
Judgment
Habibur Rahman Khan J.- The matter could not be taken up for hearing on merit on the date fixed on 4.6.95 as the petitioner filed an application for referring the matter to the Hon’bl...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
..
Category: Procedural Law | Date: | Hits: 136
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....5 wherein it has been hold that the long delay in examining the material witnesses cast a doubt on the whole prosecution case and then submits that P.Ws.4‑5 were examined long after 5 months of the date of incident. 10. Mr. MA Latif, the learned advocate for the State, submits that there are no......a loss how prosecution could use such a statement against the appellant without examining the maker of it. Mr. Huq submits that the evidence of these two Magistrates cannot be considered in view of a decision reported in 35 DLR 119 where following a decision of the Privy Council reported in 50 CWN 3..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....dul Halim with Md. Md. Enamul Huq Advocates - For the opposite party. Civil Revision No.322 of 1993 Judgment Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Suit No.182 of 1975 allow......st the ex-parte decree after about 8 years on their application under section 151 CPC passing the impugned order by the trial Court the order is apparently illegal and has resulted in an error in the decision occasioning failure of justice. 7. Mr. Abdul Halim, the learned counsel appearing on be..Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....e Petitioner. A J Mohammad Ali, Advocate ‑ For the Opposite Parties. Civil Revision No. 994 of 1989. Judgment Abu Sayeed Ahammed J.- Thus Rule calls in question the Judgment and order dated 26.8.89 passed by the Subordinate Judge, Serajganj in Miscellaneous Appeal No.28 of 1989 allow......e pre‑emptee transferee, submits that since the deed in question (Ext. 1) contains the stipulation that it Is a deed of exchange the Courts below committed error in law resulting in an error in the decision occasioning failure of justice going beyond the recitals of the deed itself in finding that..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ot unanimous as to whether a rule should be issued and a consequent show cause notice as prayed for Fazle Hossain Md. Habibur Rahman J the Senior Judge of the Bench for reasons stated in his Judgment dated 25.11.91 rejected all the 3 writ petitions summarily holding that section 4 of Act 27 of 199......allenging the venue of the election of the President directed to be in a Chamber of the President having been rejected by the former Division Bench per quorums is not before this Single Bench for any decision. 6. Mr. Amir‑ul‑Islam, the learned Counsel, having taken me through the impugned ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....t Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small Cause Court...... learned Small Causes Court's Judge committed serious error of law in determining the said question of title in favour of the plaintiff in this SCC Suit and as a result there has been an error in the decision Occasioning complete failure of justice. 6. Mr. Md. Abdul Majid, the learned Advocate..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued on 15.8.90 calling upon the respondents to show cam as to why the impugned order dated 16.6.90 as contained in Annexure‑J to the petition and them upon initiation of Criminal Case......ention of section 7(2) of the Ordinance were also pending. These two grounds still exist as none of the cam filed by the terminated employees had bow disposed of and respondent No.5 has not given any decision as yet on the prayer of the Bank Management for the de‑registration of the Union on the g..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....us Sukur Pradhan. It was alleged that in the FIR that plot Nos.49 and 49A situated at Kawron Bazar Commercial Area, each plot measuring 21 kathas, were put to auction fixing 5.9.85 at 10-00 AM as the date for holding auction. Accused Abdus. Sukur Pradhan offered highest bid of Tk.1,93,550.00 per kat......tes that the FIR and charge sheet do not disclose any offence and in such a case to allow the prosecution to continue further will amount to an abuse of the process of the court. He has referred to a decision reported in 24 DLR 287 and also the case reported in 28 DLR (AD) 38 in all the decisions of..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....Advocate - For the Opposite Party. Civil Revision Case No.122 of 1982. Judgment Syed Fazle Ahmed J.- This Rule seeks to call in question the legality and propriety of the judgment and decree dated 21.6.82 passed by the learned Subordinate Judge, Additional Court, Rajshahi in Title Appeal ......d registration of the deed in question and on that finding he held the impugned deed to be invalid and inoperative and not binding against opposite party and passed the decree. Being aggrieved by the decision defendant-petitioner preferred appeal before the District Judge, Rajshahi and the appeal wa..Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....ntre School at Banani, the petitioner with the help of 4/5 persons kidnapped her said minor son against her will. Thereupon she informed the Gulshan Police Station and accordingly G.D. entry No.618 dated 12.4.87 was recorded. She prayed for drawing up proceeding against the petitioner under sect......d himself entitled to the custody of the child and thus not guilty of kidnapping his own child when he removed him from the custody of the mother. In support of his submission, he relies upon the decisions in the cases of Imambandi Vs. Mutsaddi, ILR 45 Cal (P.C.) 878; Ahmed Nawazl and others Vs...Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....or the Opposite Party. Civil Revision No.951 of 1982 Judgment Mustafa Kamal J.- This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 3.2.82 passed by the learned Subordinate Judge, 5th Court, Dhaka in Money Suit No.11 of 1980, ......rbitration Act is as follows:- "32. Bar to suit contesting arbitration agreement or award. - Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence, effect or validity of an arbitration agreement or award, nor shall an..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....e Appellant. Shasti Sarker, Advocate - For the Respondent. First Appeal No.293 of 1997. Judgment Sharifuddin Chaklader J.- This appeal by the plaintiffs Bank directed against the Judgment dated 26-1-1997 and decree dated 22-1-1997 passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit......iff's case. The suit was decreed. 5. Mr. Shamim Khaled Ahmed, learned Advocate, submits that the Court has power to allow interest while decreeing the suit. Learned Advocate, relied on some of the decisions of the Appellate Division as well as High Court Division and submits that learned Judge ac..Category: Civil Law | Date: | Hits: 141
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