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Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... 4. Mr. Enayet Peer Khan, the learned Advocate appearing for the accused-petitioner submits that sections 395 and 397 were omitted from the Special Powers Act by Ordinance No.XL of 1977 which was published in the official gazette on 23.8.77 and so taking cognizance of the case on 27.5.78 was wit......s - For the State. Criminal Revision No. 52 of 1987. Judgment Md. Abdul Jalil J.- This Rule was issued on an application filed under section 561A of the Code of Criminal Procedure against an order dated 27.5.78 taking cognizance of an offence under secs. 395 and 397 of the Penal Code by the......prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......Court High Court Division (Barisal Bench) (Criminal Revisional Jurisdiction) Present: Md. Abdul Mil J Quazi Shafiuddin J Khalilur Rahman....................................Petitioner Vs. State…………………………..............Opposite Party Judgment March ..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....ould not be declared as void. 4. In the meantime there was an election to the Parliament in which the petitioner was elected a member of the Parliament on 7.5.86 and the name of the petitioner was published by the Election Commissioner in the official Gazette dated 12.6.86 declaring the petit......er J.- This Rule was issued upon an application under section 115 of the Code of Civil Procedure by the petitioner who was elected Chairman of the Nalchity Upazila Parishad against the judgment and order dated 24.2.87 passed by the learned District Judge, Jhalakati in election Appeal Nos.2 of 1986......o costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ...... Court Division (Barisal Bench) (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J DM Ansaruddin Ahmed J Zulfiquar Ali Bhutto.............................Petitioner Vs. Bangladesh & others.............................Opposite Parties Judgment J..Category: Election Law | Date: | Hits: 252
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. ......ahuddin Hossain J Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Refer......ction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......e framed u/s. 148/303/149 of the Penal Code against all the accused to which the accused pleaded not guilty. 4. Prosecution has examined 9 witnesses in support of the prosecution case and tendered one for cross-examination by the defence. 5. The learned Sessions Judge upon consideration of t..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
.... VIII of 1965 section 143A was inserted into the Act which reads as follows:- "(1) Any person aggrieved by an entry or omission of entry in the record-of-rights prepared or revised and finally published under Chapter IV may, notwithstanding anything contained elsewhere in this Act, file an ......after instituted Mutation Case Nos.91, 92 and 93 of 1979 before the Circle Officer (Revenue), Moulvibazar. After compliance of necessary formalities all the three mutation cases were allowed vide order dated 13.11.79. The respondent No.4 Syed Mohsin Ali and his 5 brothers filed an objection peti...... The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......rt High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Secretary, Ministry..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.......ssion Ordinance, 1970 (Ordinance No.XXIV of 1970) after canceling the allotments and the tenancy as the case may be. 7. The Division Bench, therefore, made the 55 Rules Nisi absolute without any order as to posts. 8. Against this judgment and order of the Division Bench the then Dhaka Pour......isi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......ision (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Al-haj Mirza Shamsuddin Beg.............................................Petitioner Vs. Bangladesh & another...............................................................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.......e alleged offence and they have been falsely implicated in the case. 6. The learned Additional Sessions Judge after examination of the P.Ws. and considering evidence on record, by his judgment and order dated 16.2.82 convicted the appellant No.1 Abdul Khalek and appellant No.2 Mohubullah under ......ny 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.......are also borne out from the evidence on record and gets support from the evidence of P.W.17 Dr. Md. Sadeque who performed post mortem examination on the dead body of Lechu Bibi on 20.4.83 and found one slightly oblique penetrated wound on the left side of the back below the left anterior aspect of..Category: Criminal Law | Date: | Hits: 101
....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
...... Chandra Paul left this county long ago and was permanently residing in India, the Government took over that property as vested, and non‑resident property. The plaintiff created forged documents in order to grab the suit property.
4. On the aforesaid pleadings of the parties four issues were fr......pondents
Judgment
July 22, 1993.
Result:
The appeal is dismissed.
Lawyers Involved:
Md. Moksudur Rahman, Advocate ‑ For the Defendant-Appellant.
SS Halder, Advocate ‑ For Plaintiff‑Respondent.
Appeal from Original Decree No.26 of 1986.
Judgment
Mozammel Hoque J.-......e is also Reported in: 48 DLR (HCD) (1996) 193.
..
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. ......e Petitioner. Golam Mohiuddin, Advocate - For the Opposite Party. Civil Rule No.210(R) of 1993. Judgment AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite part...... Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......96) 190. ..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. ......ur Rahman called Sikim Ali to his house from the paddykhola of Bahadur and asked him to allow passage through his house. Sikim Ali, did not agree and there was a quarrel between the panics and on the order of Nasim, Khalil drove his sharp sulfi on the abdomen, of Sikim Ali and caused serious injury.......ndergone. 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. ......DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....neral ‑ For the State. Criminal Miscellaneous Contempt Case No. 814 of 1995. Judgment A M Mahmudur Rahman J.- We upon reading the article "The Parliament and the Judiciary at loggerheads?" published in the Daily Star on February 6, 1995 written by Mr. Ashok K Karmaker, Assistant Judge, Ta......take up first the case of contemner No.1 Mr. Ashok K Karmaker. The article covering 6 columns is on the ability of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exercise of their power under Article 102 of the Constitution of the People's Republ......rliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......D) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......trash Mulak Aparad Daman Ain 1992. Thereafter on 20.4.90 Sessions Judge Gazipur as, Santrash Mulak Aparad Daman Tribunal registered the same as Tribunal Case No.5 of 1993. 4. It appears from last order dated 23.6.93 that the tribunal framed charge against the accused persons under sections 326/3......tions 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......178. ..Category: Criminal Law | Date: | Hits: 97
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....ahman, an Additional Chief Engineer of Roads and Highways Directorate, filed a petition of complaint against the petitioner alleging that in the weekly Bichitra dated 12.2.91 a tendentious report was published under the caption “যোগাযোগ মন্ত্রণালয়ের সড়ক ......e petition of complaint. In the result, the Rule is made absolute. Proceedings of CR Case No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......tropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......R (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
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. ......ate ‑ For the Petitioner. SR Karmaker, Advocate ‑ For the Opposite Party. Civil Revision No. 670 of 1985. Judgment Abu Sayeed Ahammed J.- This Rule was issued against the Judgment and order dated 28.7.86 passed by the Subordinate Judge, Munshigonj dismissing the Misc. Appeal.382 of 1......er (Md.)..............Petitioner Vs. Hajrat Ali Halder & others...............Respondents Judgment June 15, 1995. Result: The Rule is discharged. Cases Referred to- Aseruddin Sk Vs. Serqiuddin Talukder, 30 DLR 75; Tayeb Ali and another Vs. Abdul Mutlib in Civil Appeal No.......se is also Reported in: 48 DLR (HCD) (1996) 175. ..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. ......site parties. Civil Revision No.3571 of 1993. Judgment Abu Sayeed Ahammed 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 defen......ed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......Reported in: 48 DLR (HCD) (1996) 173. ..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......id facts and circumstances of the case. the discussions and for the reasons above I hold that the transfer in question made as gift by Ext 3 is beyond the scope of Pre‑emption. So the Judgments and orders of the Court below cannot be sustained and are liable to be set aside. In the result, ther...........Petitioner Vs. Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Amin, 21 PLD 622; Md. Amin Kh...... This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..Category: Property Law | Date: | Hits: 127
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......s separately issued in each of above 16 writ petitions under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order of termination dated 17-8-97 issued under Rule 50(2) of Bangladesh Public Administration Train......her and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......ported in: 51 DLR (1999) (HCD) 376...
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... Rouf Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awarding s......imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......9) (HCD) 373...Category: Criminal Law | Date: | Hits: 130
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.......rocedure as those stood before 1992 are as follows: (5) If investigation is not concluded within sixty days from the date of receipt of information relating to the commission of the offence or the order of the Magistrate for such investigation, the Magistrate empowered to take cognizance of such ......ance 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.......68...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....hich finally hit the locality on 29-11-88. 24. We have also a copy of the SPARRSO Newsletter (News and Views about Remote Sensing and Space Technology in Bangladesh) Vol. 4, issue 1, January, 1989 published by the Meteorological Department of the Government of Bangladesh. The learned Counsel of t...... Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the same defendant-appellant against the judgment and order dated 9-2-95 passed by the same Court in Miscellaneous Case No.129 of 1994 under Order 47 rule......urt records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......iz J.- First Appeal No.277 of 1994 has been filed by the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. Fi..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....... at by the Courts below. The judgment of the Courts below, thus, do not warrant any interference by us. 16. The Rule is devoid of any substance and the same is, accordingly, discharged without any order as to costs. The judgments of the Courts below stand maintained. 17. Order of stay granted ......) 352....... 51 DLR (1999) (HCD) 352...Category: Family Law | Date: | Hits: 211
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