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Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ...... Md. Nurul Amin, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Appeal No. 260 of 2003. (From the judgment and order dated 10.7.2000 passed by the High Court Division in Civil Revision No. 414 of 1999.) Judgm......d without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......ase of the suit land from him for pisci­culture for two years from 1393 B.S. After the expiry of the term the defendant requested the plaintiffs to renew the lease but as they did not pay the lease money as per terms of the contract he decided not to renew the lease and intimated the said fact to t..

Category: Civil Law | Date: | Hits: 55

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

.... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ......hbub Ali, Advocate instructed by Chowdhury Md. Zahangir Advocate-on-Record-For Respondent Nos.1 (a)-1(g) Not represented-Respondent No.2. Civil Appeal No. 105 of 2004. (From the judgment and order dated 18.12.2002 passed by the High Court Division in Civil Revision No.3847 of 1996.) Judg......e dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ......asheswari Austokumari acquired life interest in the share of Purna Chandra. Austokumari died childless in 1974. Thus the plaintiff, being the nephew of Puma Chandra, inherited his share as his reversioner heir. That Austokumari was given in marriage with Haider Dey, the defendant No.1 who, has dispo..

Category: Property Law | Date: | Hits: 49

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ...... Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 17 of 2008 (From the judgment and order dated 20th April, 2008 passed by the High Court Division in Death Reference No.85 of 2004 with...... concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Dipak Datta Bhola……………………. Petitioner Vs. The State..................... Respondent Judgment February 27, 2012. Result..

Category: Criminal Law | Date: | Hits: 68

Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)

....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......anted. Lawyers Involved: A. B. M. Bayzid, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 12 of 2008 (From the judgment and order dated 24th March, 2008 passed by the High Court Division in Death Reference No.111 of 2004 wit......ndent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ....... Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ratan Sikder alias Ratinnya alias Ratan Das and another.................. Petitioners Vs. The State... .............................Respondent Judgment February 23, 201..

Category: Criminal Law | Date: | Hits: 77

Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)

....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......ocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 2009 passed by the High Court Division in Death Reference No.39 of 2005; C....... Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Almgir Hossain.............. Petitioner (In Criminal Petition No. 348 of 2009) Babul Mia..................... Petitioner (In Crimina..

Category: Criminal Law | Date: | Hits: 70

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From the judgment and order dated 2.2.2009 passed by the High Court Division in Criminal Appeal No.588 of 1989.) Judgme...... judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......n he got information that his mother was murdered by Gopal Karmaker, servant of Pulin Mahajan. After returning home on query from his wife he came to know that Gopal Karmaker abused his mother and at one stage, he inflicted blows on her person with sharp cutting weapon who succumbed to the injuries...

Category: Criminal Law | Date: | Hits: 81

Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)

....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ...... the learned Assistant Judge failed to discuss and consider the evidence of any of the witnesses examined by the contending parties. The learned Assistant Judge based his impugned decision on Ext 3—order passed in Misc. Case Nos.7 of 1992 and 4 of 1992 by the Rent Controller, Rajshahi and on no ot......cords at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......eported in: 50 DLR (HCD) (1998) 38. ..

Category: Property Law | Date: | Hits: 64

Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)

....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......nter alia, that the plaint does not disclose any cause of action and that the plaintiff has no locus standi to file the suit. 4. The learned Senior Assistant Judge, Sadar Dinajpur, by the impugned order dated 1-7-87 allowed the application of the defendant-petitioner under Order 7 rule 11 CPC and......(HCD) (1998) 29. ......se is also Reported in: 50 DLR (HCD) (1998) 29. ..

Category: Property Law | Date: | Hits: 62

Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)

..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......or default; (d) deductions for house-accommodation supplied by the employer; (e) deductions for such amenities and services supplied by the employer as the Government may, by general or special order, authorise; Explanation.— The word “services” in this sub-clause does not include the......ithout any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......rt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Shaw Wallace Bangladesh Limited, represented by its Managing Director……………Petitioner Vs. Tofazzal Hossain son of late Abdul Kader, Dhaka and others………………Responde..

Category: Labour and Industrial Law | Date: | Hits: 255

Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)

....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ...... Criminal Miscellaneous Case No. 4838 of 1996. Judgment Mahmudul Amin Choudhury J.- This Rule was issued calling upon the Deputy Commissioner, Feni and opposite party No.1 to show cause why the order dated 2-3-1996 passed by the learned Additional Sessions Judge, Feni in Criminal Revision No.1......The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......) 19. ..

Category: Criminal Law | Date: | Hits: 83

State Vs. Abul Hashem, 1997, 26 CLC (HCD)

.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......at a place between Gouripur and Mymensingh on 6-7-1991 at about 4-15 AM. Accused No. 5 was tried in absentia. Other accused faced trial and pleaded not guilty to the charge. 2. By the judgment and order dated 23-10-92 learned Sessions Judge convicted all the five accused under section 396 of the ......ment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......in: 50 DLR (HCD) (1998) 17. ..

Category: Criminal Law | Date: | Hits: 66

Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)

....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......adul Hoque J.- This Rule was issued at the instance of the petitioner Md. Giasuddin, Chairman, the Eastern Co-operative Jute Society Ltd. calling upon the respondents to show cause as to why impugned order dated 22-3-92 passed by the respondent No. 3 Joint Registrar (Credit) of Co-operative Societie......is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15....... in: 50 DLR (HCD) (1998) 15...

Category: Alternative Dispute Resolution | Date: | Hits: 156

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....Sylhet, contested the election of the Chairmanship along with other candidates and Md. Mustakim Ali was shown to have received the highest number of votes and declared elected and the result has been published in the Gazette and, thereafter, the election case is filed by respondent No.1 namely, Abdu......4097 of 1992. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against an order being Order No.24 dated 26.10.92 passed by Senior Assistant Judge and Election Tribunal, Sadar......the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ...... (1993) 733. ..

Category: Election Law | Date: | Hits: 188

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

....accepted and finally Government also approved the same. Meanwhile, the Deputy Commissioner issued notices under section 3 of Acquisition and Requisi­tion of the Immovable Property Ordinance 1982 and published the same according to law and thereafter another notice under section 6 of the said Ordina......l Revision No. 269 of 1990. Judgment Muhammad Ansar Ali J.- This Rule arises out of an application under sec­tion 115(1) of the Code of Civil Procedure and is directed against the judgment and order dated 14.9.89 passed by the Subordinate Judge, Chandpur, in Miscellaneous Appeal No.3 of 1989 ......) (1993) 727. ......ted in: 45 DLR (HCD) (1993) 727. ..

Category: Property Law | Date: | Hits: 47

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......uire Badarganj property from meagre income derived from salary. Plaintiff was then minor and in support he filed certificate of Matriculation Exbt.1 which shows his date of birth to be 22.1.35 and in order to contradict this evidence defendant produced a certified copy of Abadpur High School in Indi......to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......lso Reported in: 45 DLR (HCD) (1993) 724. ..

Category: Property Law | Date: | Hits: 74

AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......lication under section 160(1) of the Income Tax Ordinance, 1984 is at the instance of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumsta......and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......me Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Hussain J AW Malik………………………Applicant Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka………………………….Respondent Judgment May..

Category: Fiscal/Taxation Law | Date: | Hits: 110

Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)

....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......ration of war between Pakistan and India in September, 1965 the opposite‑party became enemy citizen and no suit can be proceeded with at his instance by an application and the learned Munsif by his order dated 27.12.65 returned the plaint and the suit was withdrawn. Against that order the opposite......costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......Reported in: 45 DLR (HCD) (1993) 697. ..

Category: Property Law | Date: | Hits: 49

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......20 of 1989 (Comilla) Criminal Appeal No. 654 of 1990 (Dhaka) Judgment Muhammad Ansar Ali J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 29.12.88 passed by the learned Sessions Judge and Ex‑officio Special Tribunal No.1, Ch......om his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......10,000.00 each, in default to suffer rigorous imprisonment for 2(two) years more and the rest 5 appellants to suffer RI for 5 years and to pay a fine of Taka 5,000.00 each in default to suffer RI for one year more. 2. The prosecution case as made out in the FIR lodged by the informant Al Mamun P...

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....avit‑in‑reply on which he relies for his contention that the Ministry being the controlling authority the BIWTA is bound by its decision and direction. Annexure 'D' is a notification of the Rules published in the Dhaka Gazette by the then Government of East Pakistan Home (Transport) Department d....... Judgment Mainur Reza Chowdhury J.- At the instance of the petitioner Md. Wahiduzzaman a Rule Nisi was issued in Writ Petition No.54 of 1988 calling upon the respondents to show cause, why the order dated 7.12.86 (Annexure D) and the subsequent order dated 10.1.88 (Annexure H) issued by Secre......sion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......DLR (HCD) (1993) 679. ..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......iz J.- This Rule Nisi on an application under Article 102 of the Constitution of the People’s Republic of Bangladesh was issued calling upon the respondents to show cause as to why the judgment and order of conviction dated 28-9-1978 passed by Special Tribunal No. 3 and Additional Sessions Judge, ......trict Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......e Court High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Mobarak Ali (Md.) alias Mobarak Ali Mondal………………….Convict-Petitioner (In Jail) Vs. People’s Republic of Bangladesh, represented by the Secretary, Ministry H..

Category: Criminal Law | Date: | Hits: 79