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Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....e ‑ For the State. Jail Appeal No.67 of 1988. Judgment Qazi Shafiuddin J.- This Death Reference was submitted by the learned District and Sessions Judge, Narail, under Memo No.620 dated 11.5.88 along with the records of the proceedings of the Sessions Case No.64 of 1985 under sec...... circumstantial evidence in order to secure the punishment of the accused. We are not prepared to get ourselves punished by going through such citations. We feel ourselves reluctant to dwell on those decisions simply on the ground that decision even of the highest Court on questions which are essent..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....form such person of his right of making such representation and to afford the earliest opportunity of doing so. The communication must be made as early as possible but not later than 15 days from the date of detention. 13. From Annexure‑B to the petition it appears that the grounds were supp......kelihood of serious breach of public order. He also submitted that the past activities of the detenu and the situation prevalent at the relevant time cannot also be ignored. He had also cited various decisions of this Court and of Indian jurisdiction in support of his contention. 10. We, on pr..Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....against him is illegal. It appears that an order of acquittal was recorded on 25.1.89 under the signature of Mr. Dabiruddin Shaikh, the then Special Tribunal No. II Bagerhat. Subsequently by order dated 17.9.89 Special Tribunal No. II Bagerhat Mr. Md. Abdur Rashid Miah, who succeeded Mr. Dabirudd......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..Category: Criminal Law | Date: | Hits: 73
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
....he other hand, as plaintiff filed a counter suit being Family Suit No.10 of 1987 in the said Court for restitution of conjugal rights. 5. The learned Family Judge by his common Judgment and decree dated 17.3.92 dismissed the suit for dissolution of marriage and decreed the suit for restitution of......ccordingly, I find substance in the argument of Dr. Rafiqur Rahman that there is direct evidence that the husband treated his wife with cruelty. 17. The learned Appellate Court merely affirmed the decision of the trial Court without discussing or considering the evidence on record and without arr..Category: Family Law | Date: | Hits: 265
.... who was the Managing Director of Sadharan Bima Corporation up to 1.2.88. He was arrested from his residence at Uttara Model Town on 14.11.88. The District Magistrate, Dhaka by an order of the same date detained him for a period of 30 days from the date of service thereof purportedly under secti......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
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Category: Criminal Law | Date: | Hits: 124
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....f 1988 Judgment Mohammad Ismailuddin Sarker J.- This Rule at the instance of the defendants was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 31.3.88 passed by the learned Subordinate Judge, Bhola in Title Appeal No.59 of 1985 should no......ined the present rule. 6. Mr. Hemayetuddin Ahmed, the learned Advocate appearing in support of the Rule, has contended that the learned Subordinate Judge has committed an error of law in his decision in holding that the case was covered by section 17 of the Code of Civil Procedure and there..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....o. 657 of 1973. Judgment Md. Mozammel Hoque J.- In this Rule issued under section 115 of the Code of Civil Procedure, the plaintiff-opposite party was directed to show cause as to why the order dated 18.4.73 passed by the learned Subordinate Judge, 4th Court, Dhaka in Title Suit No. 37 of 1969......ct. In support of his contention Mr. Mashuq Hossain Ahmed has referred to the case of Muhammad Shafi and others Vs. Muhammad Sabir and others, PLD 1960 (Lahore) 591. In that case relying upon the decisions reported in AIR 1944 (Lahore) 398, AIR 1955 Punjab 145 and AIR 1945 Bombay 417, it was obs..Category: Procedural Law | Date: | Hits: 93
.... preferred claim with defendant No.1 who acknowledged the liability but suggested to lay claim against the Insurance Company and endorsed the policy in favour of the plaintiff. The Insurance Policy dated 13/11/62 issued by the Insurance Company covered the risks of breakage in the course of transi......s not alter the general Law; only risks are covered which it is lawful to cover, and the onus of proof remains where it would have been of a policy against ordinary sea perils."
In this reported decision some quantity of wool was shipped and after arrival in England it was detected that some ..
Category: Business or Commercial Law | Date: | Hits: 325
Syed Alim Mansur Vs. Registrar, Joint Stock Companies, 1989, 18 CLC (HCD)
....anies. 2. The application is not opposed although notices were duly served upon the Registrar Joint Stock Companies and the Company and advertisement of the admission of the application and the date of hearing of the application was duly published in the Bangladesh Gazette and the daily ne......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this application. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..Category: Company Law | Date: | Hits: 191
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
..... Guha, Advocate-For the Petitioners. No one -For the Opposite Party. Civil Revision No. 655 of 1981. Judgment Qazi Shafi Uddin J.- This Rule is directed against the judgment and order dated 4th of April, 1981 passed by the learned Subordinate Judge, Pirojpur in Title suit No.415 of 1......n future and are prepared to take the consequences indicated in sub-rule (3). It cannot be said that the said right of withdrawal is dependent on the consent of the other plaintiffs. 8. In the decision in the case of Baidyanath Nandi and others Vs. Shumma Sundor Nandi and others reported in 1..Category: Procedural Law | Date: | Hits: 82
....e as to why the direction shall not be issued to them to review the order of dismissal passed on the petitioner under Martial Law Order No. 9 of 1982 as contained in Order No. DS (Enq)/PA-13/85-240 dated 15.10.85 Annexure 'E' as per decision in Memo No. 6501/3/ML-2/E/147 dated November 1, 1989, An...... be issued to them to review the order of dismissal passed on the petitioner under Martial Law Order No. 9 of 1982 as contained in Order No. DS (Enq)/PA-13/85-240 dated 15.10.85 Annexure 'E' as per decision in Memo No. 6501/3/ML-2/E/147 dated November 1, 1989, Annexure 'H'.
2. The petitioner's ..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Bicharak (Sessions Judge), Druta Bichar Tribunal, Chittagong for confirmation of the sentence of death dated 24.11.2006 imposed upon the condemned prisoners (1) Md. Sirajul Islam, son of late Haji Sabje ......he three deceased persons are all integral parts of the whole scenario and these phenomena can be hardly separated in the facts and circumstances of the case. This view of ours finds support from the decisions in the cases of State Vs. Shaiokh Abdur Rahman & others reported in 58 DLR (2006)(HCD)..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....r, Lakshmipur in Title Suit No.73 of 2002) Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party Nos.1-17 to show cause as to why the impugned judgment and decree dated 7.4.2008 passed by the learned Joint District Judge, 1st Court, Lakshmipur in Title Appeal No.......side the well founded judgment of the trial Court below which resulted in the failure of justice. 9. Mr. Mohammad Nazrul Islam, the learned Advocate to strengthen his submission has relied on the decision reported in 54 DLR (AD) 74, 17 DLR (SC) 392 and 3 BLC (AD) 38. 10. Mr. Arobinda Kumar R..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....6. Judgment Md. Abdur Razzaque J.-This Rule under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the defendants-petitioners is directed against the order No.33 dated 9‑10‑95 passed by the learned Assistant Judge, 1st Additional Court, Gaibandha Sadar, in M......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ..Category: Procedural Law | Date: | Hits: 94
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....or Respondent Nos.6 and 7. Writ Petition No.799 of 1992. Judgment MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No.131/DAB (Dhaka) dated 24-2-92 issued by the respondent No.1 asking the petitioner to remain present in the concerned......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....e complainant under section 200 of the Code of Criminal Procedure took cognizance of the same against the accused petitioner under section 138 of the Negotiable Instruments Act, 2006 vide its order dated 3-6-2007. 3. The prosecution case, in short is that the complainant and the accused petitio......from that account by an agreement made with the bank, rather the cheque has been returned on the remarks of stop payment instructions made by the drawer of the cheque. In this connection we may refer decision in the case of Faridul Alam Vs. State reported in 13 BLC (AD) 61 that wherein it is held th..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ce) issued by the respondents Income Tax Authority is under challenge. 3. In Writ Petition No. 1264 of 2011 Rule was issued calling upon the respondents to show cause as to why the impugned notice dated 16-1-2011 being Nothi No. 390-100-1223/ Circle-26/2010-11/727 under section 93 of the Income T......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....espondents. Writ Petition No.3389 of 2001. Judgment Md. Arayes Uddin J.—Rule was issued calling upon the respondents to show cause why the impugned Memo No.F‑4(33) Sanchan-1/94/1410(9) dated 10‑9‑1994 issued by the respondent No.1 suspending the petitioner from the post of Sanchay......atter separately though criminal case is pending against the petitioner. In that case the established rule is that after conclusion of the Departmental proceeding the authority will reserve its final decision till the conclusion of the Criminal trial. The learned Assistant Attorney-General has farth..Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....ertificate issued by him for release/exhibition of the film ‘Hason Raja’ should not be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious ....... Helal Khan (respondent No.3) as the director of the film. The Director is Mr. Chashi Nazrul Islam. 16. Both the parties urged upon the Court to watch the film so that it can arrive at the proper decision as to whether the same contains any obscene, objectionable or outrageous material and as wh..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....ite Parties. Civil Revision No. 5405 of 2004. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the oppositeparties to show cause as to why the impugned Judgmentand decree dated 25-8-2004 passed by thelearned Senior Assistant Judge, Nasirnagar, Brahmanbariain Title Suit N......learned Advocate appearing on behalf of the petitioner, submits that the trial Court passed the impugned Judgment and decree on the basis of mere surmises and conjectures resulting in an error in the decision occasioning failure of justice. He next submits that the plaintiff has succeeded in proving..Category: Property Law | Date: | Hits: 121
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