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Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)

....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......wdhury, Advocates - For the Appellants. Md. Latif, Advocate ‑ For the State. Criminal Appeal No. 339 of 1985. Judgment MM Ruhul Amin J.- This appeal is directed against the Judgment and order dated 13.8.1985 passed by the learned Sessions Judge, Narayanganj in Sessions case No.18 of 19......ged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......e did not see the occurrence. The learned Advocate then submits that this P.W.3 Faruque is said to have narrated the occurrence to P.W.4 Zahangir Hossain who was aged at about 10/11 years and wife of one Samad. But P.W.4 Zahangir Hossain is not the same person who was examined by the investigating o..

Category: Procedural Law | Date: | Hits: 155

Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)

.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......isul Huq, Advocates — For the Respondents. Criminal Revision No.512 of 1996. Judgment Badrul Islam Choudhury J.- Rule was issued calling upon the opposite party to show cause as to why the order dated 8-7-96 passed by the Sessions Judge, Brahmanbaria in Criminal Motion No.10 of 1996 shoul......n of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......o Reported in: 51 DLR (HCD) (1999) 408. ..

Category: Criminal Law | Date: | Hits: 143

Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)

....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......tive cases of the parties they produced evidence, documentary and oral. The Election Tribunal and the learned Assistant Judge after hearing the parties dismissed the election petition by judgment and order dated 30-5-1995 against which an appeal was filed by the opposite party before the learned Dis......im……………...Petitioner Vs. Kabir Ahmed……………………Opposite Party Judgment December 2, 1997. Result: The Rule is discharged. Cases Referred to- Altaf Hossain Vs. Abul Kasem, 45 DLR (AD) 55; Abdur Rab Mia Vs. Fazlur Rahman, 43 DLR (AD) 23. Lawyers Invol......at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..

Category: Election Law | Date: | Hits: 248

Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)

....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......a matter decided earlier by it rendering a decision giving finality is the question which requires an answer in this Rule. 2. Rule was issued calling upon the opposite party No.1 to show cause why order dated 29-6-1997 passed by the learned Additional District Judge, Second Court, Bogra in Other ...... stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400....... is also Reported in: 51 DLR (HCD) (1999) 400...

Category: Civil Law | Date: | Hits: 200

Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)

....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397........ Khandker Mahboob Alam, Assistant Attorney-General — For the State. Criminal Appeal No.2735 of 1998. Judgment Kazi ATM Manowaruddin J.- This appeal is directed against the judgment and order dated 8-11-98 passed by the learned Additional Sessions Judge, Dinajpur, in Session Case No.40......ode and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397....... preferred this appeal. 5. At the time of trial prosecution examined 17 witnesses including Investigating Officers and the Magistrate who recorded the statement of appellant Ahsan Ali and tendered one. The defence examined none. 6. Mr. MA Wahab Miah, the learned Counsel, for the accused-appell..

Category: Criminal Law | Date: | Hits: 132

Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)

.... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... the detenu was arrested under section 54 of the Code of Criminal Procedure on 19.10.89 and on the follow­ing day that is on 20.10.89 the District Magistrate, Bakerganj, Barisal issued the detention order directing his detention for 30 days with effect from the date of order i.e. 20.10.89. Then on ......e is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... High Court Division (Special Original Jurisdiction) Present: Amin-ur-Rahman Khan J Abdul Hasib J Sekandar Ali (Md.) on behalf of the detenu Abdul Mazid Howlader.............Petitioner Vs. The Government of the People’s Republic of Bangladesh and others.........Responden..

Category: Criminal Law | Date: | Hits: 117

Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)

....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......y needing independent advice. 14. For all the above reasons the judgment and decree of the appellate Court below cannot be sustained. 15. In the result the Rule is made absolute but without any order as to costs. The trial Court at the time of decreeing the suit did not require the plain­tiff......the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......is also Reported in: 42 DLR (HCD) (1990) 344...

Category: Property Law | Date: | Hits: 133

Fatima Begum (Mst.) Vs. Government of Bangla­desh and others, 1989, 18 CLC (HCD)

....f Settlement un­der section 7 of the Abandoned Building (Supple­mentary Provisions) Ordinance, 1985 for exclusion of holding No.305/A, Nayatola, Magh Bazar, from Kha list of the Abandoned Buildings published on 23rd September, 1986 in Bangladesh Gazette stating that it is not an Abandoned Property......- This Rule Nisi was issued on an application under Article 102 of the Constitution calling upon the respondents namely, Government of Bangladesh, Court of Settlement and others to show cause why the order dated 17.8.1987 passed by the Chairman and one Member of the Court of Settlement under Abandon......ted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......42. ..

Category: Labour and Industrial Law | Date: | Hits: 197

Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)

....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......Fazlul Karim, Advocate—For the Respon­dents. Writ Petition No. 390 of 1986 Judgment Md. Abdul Jalil J. - This Rule Nisi at the instance of the Employer was issued against a judg­ment and order dated 10.9.86 passed by the Chair­man, Labour Court, Chittagong in I.R.O. Case No.41 of 1986 ......lared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340....... (HCD) (1990) 340...

Category: Labour and Industrial Law | Date: | Hits: 193

Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)

.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335....... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......ts. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......zera Bibi. Thus the entire share of Chatnoo devolved upon his aforesaid-sons and daughters. Thereafter Hazera Bibi died leaving her sole heir Azimuddin (defendant No.9). Thereafter Magon died leaving one son, namely, Shahabuddin (defendant No.4), two daughters, namely Latifan and Ashrafan (defendant..

Category: Property Law | Date: | Hits: 135

Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)

....arned Subordinate Judge, Sec­ond Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......r Rahman Chowdhury with Md. Shamsul Hossain, Advocates—For the Opposite Parties. Civil Revision No. 43 of 1989. Judgment Qazi Shafiuddin J. - This Rule is directed against the judgment and order dated 23.1.1989 passed by the Subordinate Judge, Second Court, Sylhet in Title Suit No.147 of ...... 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Qaji Shafiuddin J Abul Kalam Azad & another.....................Defendant-Petitioner Vs. Muslema Khatun (Mst.)..................Plaintiff-Opposite Party Judgment August..

Category: Civil Law | Date: | Hits: 205

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)

....ack to the learned Subor­dinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......vision Nos. 329 and 330 of 1988. Judgment AKM Sadeque J. - These two Rules obtained by the plaintiff under section 115(1) of the Code of Civil Procedure are di­rected against the judgment and order dated 14.11.1988 passed by Subordinate Judge, Second Commer­cial Court at Sadar, Chittagong i......bsolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Compa­ny Vs. Hawkesford, 37 L.J. 248; Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain P.L.D. 1949 Lahore 301. Lawyers Involved: M. Fazlul Karim, with Faridul Alam Chowdhury, Adv...... DLR (HCD) (1990) 329. ..

Category: Labour and Industrial Law | Date: | Hits: 179

Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)

....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......ove with a further prayer for arrest of the vessel, which was also allowed. In due course the said vessel was released on furnishing bank guarantee on the claimed amount of Taka 35,35,33,519.64 by an order of this Court passed on 5th February, 1997. 3. In due course, statement was filed on behalf......lf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......d reminders, as such, when the vessel, in its normal course, arrived at Chittagong Port on 27‑1‑1997, for discharging its cargo this suit was filed on 28‑1‑1997 praying for the decree as mentioned above with a further prayer for arrest of the vessel, which was also allowed. In due course the..

Category: Admiralty Law or Maritime Law | Date: | Hits: 394

Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)

....ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......……………..Petitioner Vs. District Magistrate, Jessore and others…………………………Respondent Judgment June 21, 1999. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Abdur Rahim, Advocate — For the Petitioner AKM Sh......ewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......1999) 471...

Category: Criminal Law | Date: | Hits: 132

Mokarram Hossain and others Vs. ADC (Rev) Pabna for Vested and Non-Resident Property (Land and Building) Pabna & others, 1998, 27 CLC (HCD)

....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470.......aintiff obtained the deed of purchase of the suit land fraudulently and collusively which does not impart any title to the plaintiff. It is on record that the suit property was made enemy property by order dated 3-12-65 in EP case No.195. Subsequently it, by operation of law, became vested and non-r......rection. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470....... This Case is also Reported in: 51 DLR (HCD) (1999) 470...

Category: Property Law | Date: | Hits: 130

Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)

....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......t of Wards……………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and another…………...Respondents Judgment August 12, 1998. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Dr. Kamal Hossain with Md. Shahidul Alam Chowdhury, Advoc......r as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......) (1999) 462...

Category: Property Law | Date: | Hits: 248

Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)

....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......ers…….……….Petitioner Vs. Sailendra Kishore Chowdhury and others…………………Opposite Parties Judgment November 24, 1998. Result: The Rule is discharged without any order as to costs. Case Referred to- TJ George Vs. Mrs. Lucy Kochuvareed, Cr AIR 1963 Kerala 1...... Habibullah, Advocate — For the Opposite Party No.1. Civil Revision No.1407 of 1995. Judgment Mahfuzur Rahman J.- This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Noakhali on 25-3-95 in Probate Miscellaneous Case No.38 of 1......s also Reported in: 51 DLR (HCD) (1999) 460...

Category: Property Law | Date: | Hits: 106

Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)

....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......neral — For the State. Criminal Revision No.413 of 1997 and Criminal Revision No. 246 of 1997. Judgment Md. Hamidul Haque J.- Both the Rules are directed against the Judgment and orders passed by the learned Additional Sessions Judge, 1st Court, Barisal in Criminal Appeal No.4 (......lisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457....... DLR (HCD) (1999) 457...

Category: Criminal Law | Date: | Hits: 109

Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)

....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......hall allow the petitioner plaintiff to get the thumb impression of the defendants No.3, in the bainapatra, compared and examined by a thumb impression expert with her specimen thumb impression. After order of remand when the suit was pending in the trial Court, the defendant 3 did not tarn up before......arua with Md. Abul Bashar, Advocates- For the Petitioner. None appears — For the Opposite Parties. Civil Revision No. 262 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule has been obtained by the plaintiff Md. Najabatullah against the defendant opposite parties 1-3 of Title Suit 7 of......ditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...

Category: Procedural Law | Date: | Hits: 137

Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)

....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......f Mr. Mondal that the suit is not maintainable for cancellation of the deeds is not tenable in law. 14. Section 39 of the Specific Relief Act reads as follows: “When cancellation may be ordered.- Any person against whom a written instrument is void or voidable who has reasonable appreh...... Vs. Azimon Bewa………………….Opposite Party Judgment March 25, 1998. Result: The Rule is discharged. Cases Referred to- Mono Mohan Devi Vs. Sirajuddin Ahmed Bhuiyan, 21 DLR 626; AIR 1927 (All) 385; 2 Cal. 184 (PC); 32 Cal. 437; AIR, 1932 (PCC) 255;...... is also Reported in: 51 DLR (HCD) (1999) 451...

Category: Property Law | Date: | Hits: 103