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Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....aid pleadings following issues were framed by the trial Court: (a) was the suit maintainable in the manner and form as framed? (b) was the suit barred by limitation? (c) was the suit bad for defect of parties? (d) had the plaintiff any right, title and possession in the suit land? (e)......d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......l background and are involved in active politics of Bangladesh Chattra League and played major role in all movements, serving the cause of liberty, democracy and in achieving those, they served their party with dedication. On 25‑2‑2002 while the detenus coming out of Sudha Sadan, of Road No. 5, ..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......he Petitioner. M Ashruf Ali for Farhad Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 1180 of 1999. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned order dated 11‑3‑1999 passed by ..Category: Election Law | Date: | Hits: 79
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ...... of irreparable loss or injury. 12. In a suit for partition, of course there is no bar for appointment of a receiver. But the above principles require the exercise of caution about putting a third party in possession of the joint property. Special circumstances for appointment must be proved befo..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......tions 406/420 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2 as complainant filed a petition of complaint alleging, inter alia, that he is the proprie..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......as resulted in an error in the decision occasioning failure of justice and, as Such, the impugned order should be set aside. 9. Mr. Golam Arshed, the teamed Advocate appearing for the opposite party, submits that in the instant suit the issues having been trained and the trial having already ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......n England. Lord Chief Justice Hale wrote in one of the most of quoted passages in our Jurisprudence that rape is an accusation easily to be made and hard to be proved and harder to be defended to the party accused though never be innocent. In Kellehar Vs. The Crown (1974) 131 CLR 534 in the line of ..Category: Criminal Law | Date: | Hits: 64
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......n and clauses (Ka), (Kha) and (Ga). 6. Clause “Ka” to sub‑section 3 provides that no person accused of any offence punishable under this Ain will be released on bail unless the informant party is given the opportunity of being heard. Clauses (Kha‑Ga) enjoin that the court is to be sat..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ...... Khondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Cod, of Criminal Procedure, was issued calling upon the Deputy Commissioner, Sunamganj and opposite party No.1 to show cause as to why the Special Case No.4 of 1997 now pending in the Court of Senior ..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......the Court of Metropolitan Magistrate, Dhaka, should not be quashed or such other orders be passed as this court may seem fit and proper. 2. The relevant facts are that the complainant opposite party No.1 Mosammat Monira Mostafa f1led the above mentioned petition of complaint alleging that on ..Category: Criminal Law | Date: | Hits: 49
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......e and Artha Rin Adalat (In-charge) at Sylhet in Title Suit No. 46 of 1998, which rejected a prayer for an expert opinion. 2. Short facts for disposal of the Rule are that on 25‑9‑1991 opposite party Nos.1 to 4 as plaintiffs instituted Title Suit No. 62 of 1991 against defendant No.1 and other..Category: Property Law | Date: | Hits: 61
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ...... and their examination was found to be necessary to secure the ends of justice. (v) Under the section the Court is empowered to issue summons and examine a witness even without any prayer from any party and hearing of any party is neither necessary nor mandatory. 7. It may be mentioned that th..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....n 50 DLR 337 relates to a case of framing of charge by the learned trial Court without consideration of the statement of any witness recorded under section 164 of the Cr.P.C. Their Lordships found no defect in the charge trained in the reported case. The facts and circumstances of the reported case ...... Sheikh Rezowan J.- On an application by the informant‑petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling upon the accused-opposite parties and the opposite party State to show cause as to why the judgment and order dated 11‑11‑2002 passed by the learne..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......ower is available to the court and under section 540 of the Code of Criminal Procedure a court has power to recall any witness and to re‑examine him either of its own motion or at the instance of a party at any stage of the inquiry, trial or other proceeding under this Code "if his evidence appear..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......ut lawful authority and is of no legal effect. 2. In the application it has been stated that the petitioner is General Secretary, District Committee of youth front of the main opposition political party of the country and a bona fide businessman and for his protection he was given a licence in 19..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......r Court was illegal and, as such, the permission that was accorded for cancellation of registration of the petitioner’s union was also illegal. He further submits that the petitioner and the second party No.2 i.e. the Grameen Bank having their registered offices at Mirpur within the territorial ju..
Category: Labour and Industrial Law | Date: | Hits: 186
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....d will be impounded after duty and penalty have been paid under section of the Stamp Act. The required duty would be the duty as prescribed in Bangladesh on the date of execution of the document. The defect of absence of Bangladesh stamps on the disputed power of attorney and the breach of the time ......lla in Title Suit No. 6 of 1994 accepting the power of attorney allegedly executed by plaintiff Gurupada Chakraborty whereby Md. Arab Ali was appointed as his constituted attorney. 2. The opposite party No.1 as plaintiff instituted Title Suit No. 6 of 1994 in the Court of the Assistant Judge, Cha..Category: Property Law | Date: | Hits: 65
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75....... in short, are that the respondent No.1 as plaintiff instituted Money Suit No.21 of 1993 before the learned Joint District Judge, 2nd Court, Gazipur against "the predecessor of the defendant opposite party Nos. 2-4 for realisation of Tk.18,07,359/- with interest pendente lite. The suit was ultimatel..Category: Others | Date: | Hits: 109
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting jute goods, as plaintiff on 13‑5‑2001 instituted the sui..Category: Alternative Dispute Resolution | Date: | Hits: 245
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......e instance of informant Md. Abdur Rahman Kha, on an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the Deputy Commissioner, Jhalakathi and opposite party No.2 Samir to show cause as to why Order dated 20‑4‑2000 so far as it relates to discharge..Category: Criminal Law | Date: | Hits: 82
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