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Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....es - For the Opposite Party No.1. Civil Revision No. 803 of 1988. Judgment Mustafa Kamal J.- This Rule obtained under section 115 of the Code of Civil Procedure is directed against the order dated 18.8.88 passed by Mr. A.K.M. Ishtiaque Hossain, Subordinate Judge, 3rd Court/Dhaka in Title Su...... the SpeÂcific Relief Act cannot be allowed. 10. A Division Bench of this Division in the case of Deputy Commissioner (Revenue), Dhaka Vs. Dr. Abdur Rahman, 26 DLR 205 has followed a single Bench decision of the Calcutta High Court in the case of Nrisingh Prasad Paul Vs. Steel Products Ltd., AIR..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....resh suit on the same cause of action. 2. Petitioner Shahabuddin Ahmed as plaintiff filed the above mentioned suit in the Court of the Assistant Judge, Barisal for a declaration that the statement dated 5.3.88 submitted by the Returning Officer defendant No.1 (opposite party No.1 herein) to the D......y Mr. Md. Abdul Malek Munshi, the learned Advocate for the petitioner that the learned Assistant Judge has in partly allowing his prayer committed an error of law which has reÂsulted in error in his decision occasioning failure of justice. According to him in absence of any discloÂsure of formal d..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
.... No.348 of 1981. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under secÂtion 439 of the Code of Criminal Procedure and is directed against the judgment and order dated 24.7.81 passed by the Additional District and Sessions Judge, 5th Court, Dhaka in Criminal Rev......ench of the Madras High Court in a case reÂlating to the privilege of a lawyer as to his behavior in Court in asking question which appears to be defamatory, the Court after referring to a number of decisions of the Courts of Indian Jurisdiction, held in the relevant portion of the judgment thus:- ..Category: Criminal Law | Date: | Hits: 77
Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)
.... a contestant in the election of Chairman of Chouhat Union Parishad, Upazila Dhamrai, District Dhaka calls upon the reÂspondents to show cause why the impugned order (Annexure B) contained in a memo dated 2.4.88 purÂportedly passed by the Election Commission orderÂing a re-poll at Chouhat Primary......t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ..Category: Election Law | Date: | Hits: 167
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
....Mohammad Ali, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1250 of 2010. (From the judgment and order dated 22.4.2010 passed by the High Court Division in Writ Petition No.8498 of 2009.) Order Sur......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ..Category: Employment/Service Law | Date: | Hits: 133
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....), instructed by Zainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1526 of 2009. (From the Judgment and order dated 02.07.2009 passed by the High Court Division in Civil Revision No.1553 of 1997) Order AB......he learned Subordinate Judge, found that although the plaintiff No.1 did not execute the deed of exchange with the defendant No.1 but possession of the suit land was delivered to him according to the decision taken in the salish held on 06.06.1968 and since then the defendant No.1 has been in posses..Category: Property Law | Date: | Hits: 49
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....il Rule No.15 (FM) of 1991 and Appeal from Original Order No. 23 of 1991. Judgment Anwarul Hoque Choudhury J.- This First Miscellaneous Appeal is directed against the judgment and order dated 23.1.91 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.14 of 1991 making t...... before the illegal eviction by the respondents Railway. 7. In the instant case, the matter was argued at length by the learned lawyers in minute details and reference has been made to a number of decisions of which we shall advert at the relevant portion of the judgment. 8. From a reading of ..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....ul Bari, Advocate ‑ For the State. Criminal Appeal No.6 of 1990 (Comilla). Judgment Muhammad Ansar Ali J.- This appeal is directed against the judgment and order of conviction and sentence dated 30.11.89 passed by the learned Additional Sessions Judge, Noakhali in Sessions Case No.136 of ......annot be the sole basis for conviction of the co‑accused. At best the same if found to be true and voluntary may be used only to lend assurance to any other evidence on record. In this connection a decision in the case of Mahmud Ali and others Vs. State, reported in 1985 BLD 218 may be referred to..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
.... ‑ For the Opposite Parties. Civil Revision No.1145 of 1993. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued on the opposite party Dhaka Club to show cause as to why the order dated 20.4.93 passed by District Judge, Dhaka in Miscellaneous Appeal No.84 of 1993 should not be se......arly shows that the appellate Court has the powers of the trial Court and it is also subject to the all the duties imposed on the trial Court. Incidentally on this point we may refer to an unreported decision given in the case of Civil Revision No.9632 of 1991 Chittagong Cox's Bazar Bilashi Malik So..Category: Civil Law | Date: | Hits: 87
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....ctÂed against the judgment and order passed on 4.12.79 by Mr. M.A. Rahman Mia, Additional District Judge, 1st Court, Bakerganj in Miscellaneous Appeal No.214 of 1978 reversing the judgment and order dated 26.9.76 passed by Mr. Md. Habibullah, SuborÂdinate Judge, 1st Court, Bakerganj in Miscellaneo......pon his examination before Court with referÂence to the return of service of summons in quesÂtion. In order to give emphasis upon the point the learned Additional District Judge has referred to the decision reported in 25 DLR 91 wherein it has been held that the compliance with the provision of Or..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....resh suit on the same cause of action. 2. Petitioner Shahabuddin Ahmed as plaintiff filed the above mentioned suit in the Court of the Assistant Judge, Barisal for a declaration that the statement dated 5.3.88 submitted by the Returning Officer defendant No.1 (opposite party No.1 herein) to the D...... Mr. Met. Abdul Malek Munshi, the learned Advocate for the petitioner that the learned Assistant Judge has in partly allowing his prayer committed an error of law which has reÂsulted in error in his decision occasioning failure of justice. According to him in absence of any discloÂsure of formal d..Category: Election Law | Date: | Hits: 206
.... telephonic instruction to the efÂfect that the detenu should not be released from cusÂtody as an order of detention was being sent. On that day, that is on 7.8.88, an order of detention Annexure F dated 7.8.88 passed by the Senior Assistant Secretary, Ministry of Home Affairs (Respondent No.2) wa......as well as under Article 102 of the Constitution) it is the duty of this Court to hear the matter giving opportunity to both the parties to make their written and oral submissions and proÂnounce its decision as early as possible without waiting for the Advisory Board to report its opinion to the Go..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....R. and no artiÂcles were recovered from his possession or from his godown; that during the pendency of this case, the District Magistrate, Pabna issued an order of his deÂtention vide Memo No.306/C dated 15.5.87 (Annexure-C) on some false and flimsy reasons, nameÂly, that the detenu is a notoriou......ect to an order of deÂtention which expired and died its natural death on 1.11.88 is not at all permissible in law. In this conÂnection the learned Advocate for the petitioner has cited a number of decisions reported in 31 DLR (AD) 1, 27 DLR (HCD) 496, 38 DLR (HCD) 93, 40 DLR 193, 207, 358 and als..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....f other appeals, the superintendents of jail have communicated the petitions of appeal along with printed forms, (Bangladesh Jail Form No. 27) which contains the name of the convict, the offence, the date of sentence, the sentencing authority, the date of petition for copy of judgment and the date o......companying the copies of the judgments and even in some cases, they had preferred regular appeals as well as jail appeals, we felt that these practices should be checked in order to avoid conflicting decisions and to curb the multiplication of litigations over the same subject matter. In order to br..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017 of 1989 (B‑497/90) and the order dated 23‑9‑92 passed by the Metropolitan Magistrate, Chittagong re-arresting the petitioner on 1......gal evidence of PW 1 and PW 9 in a bid to challenge the truth of the prosecution case. Such a plea on the part of an absconder has not been encouraged by our Lordships of the Appellate Division. In a decision in the case of Abdullah‑Al‑Mahmud @ Ripon Vs. State reported in 6 MLR (AD) 259 it was o..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....d Mahfuza Begum, Advocates ‑ For Respondent Nos. 1 to 4. First Miscellaneous Appeal No. 33 of 2000. Judgment Md. Abdur Rashid J. – Pre-emptors presented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of ...... be held to have waived their right of pre-emption by declining to purchase when the vendors offered them. 17. In the facts of the case and on the submissions of learned Advocates, legality of the decision of learned Subordinate Judge in refusing preemption depends upon the answer to the followin..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....ode of Criminal Procedure at the instance of accused petitioner Abdul Halim Ukil calling upon State opposite party to show cause as to why the GR case 1079 of 2003 arising out of Nalitabari PS case dated 10‑11‑2003 under section 4(1) Ain Sringkhala Bignakari Aparad Druta Bichar Ain, 2002, now ......e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281...Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....€‘ For the opposite party. Civil Revision No. 3537 of 1995 Judgment MA Wahhab Miah J. - This Rule was issued calling upon opposite party No. 1 to show cause as to why the judgment and decree dated 10‑08‑94 passed by the Subordinate Judge, 2nd Court, Laxmipur in Title Appeal No. 184 of 1......nal Court of fact also misread the evidence on record as to the execution and the registration of the kabala in question by the plaintiff and thus, committed error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit. 7. Mr. Md. Salahuddin, the learned..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....he Opposite Parties. Civil Revision No. 1708 of 2000. Judgment Mir Hashmat Ali J. - This Rule was issued calling upon the opposite party No. 1 to show cause as to why the judgment and decree dated 28‑10‑1999 and 04‑11‑1999 passed by learned Subordinate Judge, 1st Court Sadar, Noakha......rvice without applying its mind such order calls for Court's scrutiny, but the learned Advocate could not point out in this case where the authority did not apply their mind, rather in the said cited decision it has been held that the employers power to discharge an employee from service cannot be q..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
.... Miscellaneous Appeal No. 138 of 2004 with C. Rule No. 251 (fm) of 2004 and Civil Revision No. 1026 of 2004. Judgment Md. Abdur Rashid J. - Plaintiff presented the above appeal against an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..Category: Civil Law | Date: | Hits: 73
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