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Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....ar Aminul Islam, Advocates‑For Respondent No.1. First Miscellaneous Appeal No. 28 of 2002. Judgment Md. Abdur Rashid J.- This appeal was presented by defendant Nos. 1 to 4 against an order dated 15-1‑2002 of Joint District Judge (in-Charge) and Artha Rin Adalat No.2 in Dhaka in Title ....... 1 to 4 did not press the application on their behalf. On consideration of the application and the objection, the learned Joint District Judge was of the view that the suit was for partition and the decision in which might take time; that the question of title could be decided in the suit and that ..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....issued cheque towards payment of the outstanding money. Subsequently the accused Petitioner took back some cheques on payment of money. The accused‑petitioner thereafter issued Cheque No. 0721632 dated 14‑6‑1999 for an amount of Taka 1,50,000, Cheque No. 0721633 dated 28‑6‑1999 for an am......s case for which the accused‑petitioner cannot get any relief in this Rule which should be discharged. 7. The learned Advocate for the accused petitioner in support of his contention cited the decision reported in 1999 BLD 461 = 52 DLR 530 and contends that simple dishonour of a cheque does n..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....rder rejecting the same holding, inter alia, that the said application was tiled at a belated stage since recording evidence on behalf of the plaintiff has been closed. 6. The said order No.30 dated 7‑8‑2000, so far as it relates to return of the plaint is concerned, is in challenge befor......plated under section 8C of the Court‑fees Acts, but in passing the impugned order without doing anything like that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate for the petitioner submits f..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....t. 5. For commission of crime law was set on roll by prosecutrix on lodgment of First Information Report with Chandina. Police Station leading to registration of Chandina Police Station Case No. 5 dated 16‑7‑1992 under section 376 of the Penal Code read with section 4(c) of the Cruelty to Wom......Kumar Achariya forcibly attempted to provide medicine for spontaneous abortion. Accused Dr. Anukul Chandra Achariya did not keep his promise. Bangladesh Mabila Parishad was, thereafter, approached. A decision had been reached wherein accused Dr. Anukul Chandra Achariya signed papers promising to acc..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
.... Vs. State ………………Respondent Judgment January 6, 1999. Criminal Jail Appeal No. 1464 of 1991. Judgment Gour Gopal Saha J. - This appeal in directed against the judgment dated 5-6-91 passed by the Sessions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of ......y point for determination in the appeal is whether the learned Sessions Judge was justified in convicting and sentencing the accused appellant under sections 302/34 of the Penal Code. Findings and decisions: 7. PW 1 Dr. Kamrul Ahsan was the Medical Officer of Bhandaria Hospital at the relevan..Category: Criminal Law | Date: | Hits: 52
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....unamganj alleging that he and his brother Hari Mohan were owners of the land in plot No. 1914 appertaining to Khatian No.70. But the accused Chitta Ranjan Sinha created a forged deed bearing No. 8258 dated 18-10‑1960 in which his father was shown purchaser of the property and the complaint's fathe......as well as two public servants, the criminal proceeding is not barred under section 195(1)(c) of the Code of Criminal Procedure. In support of his contention, the learned Advocates have referred to a decision reported in 4 BLC (AD) 228. The learned Advocate Mr. Khurshid Alam Khan also submits that t..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....omplainant from the house of the accused‑persons. 3. On the basis of the aforesaid allegations, the Metropolitan Magistrate, Dhaka, issued a notice upon the accused‑petitioner by his order dated 10‑9-2001 to show cause as to why search warrant under section 98 of the Code of Criminal ...... So, it is necessary to prevent abuse of the process of law to secure ends of justice, even before cognisance has been taken. In support of this contention, the learned Advocate has, referred to case decisions reported in 40 DLR 295 and 1995 BLD (AD) 115 = 48 DLR (AD) 87. 5. None appears to r..Category: Criminal Law | Date: | Hits: 49
....the Appellant.
JH Afric, Advocate-For Respondent No. 7.
Appeal From Original Decree No. 502 of 2001.
Judgment
Md. Abdur Rashid J.- Plaintiff presented the above appeal against the decree dated 12‑3‑2001 passed by the Subordinate Judge and Arbitration Court at Dhaka in Title Suit No.......ncapable of remedy.
13. He submitted that lease was cancelled mala fide because before cancellation, the board of allotment already allowed the application of defendant No.7 dated 25‑2‑93. The decision dated 8‑4‑93 was taken at the instance of the then Works Minister. He also took us thou..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....o. 3864 of 1999. Judgment Md. Abdur Rashid J.- Heirs of defendant No.1 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet in Ti......No. 1 on the rent receipts with his admitted signatures in the written statement and power. 4. He also submits that the Course adopted by trial Court was risky and unsafe. In support, he cited the decision of the Appellate Division in Torak Chandra Majhi Vs. Atahar Ali Howlader and others 8 BLC (..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....2. First Miscellaneous Appeal No. 229 of 2003 and Cross Appeal No. 294 of 2003. Judgment Md. Abdur Rashid J.- This owner of the acquired land presented the appeal against judgment and order dated 15‑1‑2003 passed by Joint District Judge and Arbitrator at Dhaka in Arbitration Case No. 2......er prospectively?" The Appellate Division held that- "The sub‑sections clearly says that the step so taken and notice given is barely a proposal to acquire. Sub‑section (6) provides for the decision of the Government to acquire, and sub‑section (7) for the publication of the Government's..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....Judgment Zinat Ara J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 dated 15‑9‑2003 and order No. 120 dated 2‑11‑2003 passed by the Druto Bichar Tribunal No.4, ......ecording his dying declaration before his death on 27‑9‑95. It is clearly mentioned in this petition that though they were not charge‑sheet witnesses but their examination is essential for just decision of the case. The tribunal allowed this application by issuing summons to those witnesses. S..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....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 learned Sessions Judge, Pirojpur in Criminal Revision No. 93 of 2......d disregarding the first information report case, charge‑sheet, statements of the witnesses under section 161 of the Code of Criminal Procedure which he was under legal obligation to consider. In a decision in the case of the State Vs. Md. Shafiqul 1slam reported in 40 DLR 310 it was held by their..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....ppellant‑Petitioners. Sheikh A Awal, Deputy Attorney-General-For the State. Criminal Appeal No. 4124 of 2003. Judgment Afzal Hossain Ahmed J.- This appeal is directed against the order dated 6‑10‑2003 passed by the learned Judge of the Nari‑O‑Shishu Nirjatan Daman Tribunal No.......lication specifically mentioning the proposed questions and suggestions what the accused-appellants intended to put to the PWs 1, 2, 5 and 6 and it was contended that these were essential to the just decision of the case and had the accused‑appellants not been given that opportunity they would be ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
.... on an application 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 Memo No. JM/3-1(Part)/2002/3036 (100) dated 28‑9‑2002 issued by the District Magistrate, Natore (respondent No.3) on 1‑10‑2002 (An......itical worker and there is no material to subscribe to the view that he was ever instrumental in creating any law and order situation. In support of the submission, the learned Advocate refers to the decision in case of Sk Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others reported in 40 D..Category: Criminal Law | Date: | Hits: 63
.... 2.
Writ Petition No.1777 of 1993.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents to show cause, why the impugned order contained in Memo RTU (174) 91/1087/1(6) dated 20-12-92 issued by respondent No.2 canceling the registration of the petitioner’s union as e......tion of registration of the petitioner.
7. The petitioner contends that in according permission the learned Chairman did not consider the documents filed, objection raised on points of law and the decision cited on behalf on the union and the labour Court illegally accorded permission to responde..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....at time his daughter Jannati was about 8/9 years old. The occurrence took place in a sugarcane field lying to the east of Chandihara Bazar. On 28‑6‑98 he was on duty at Jamil Soap Factory. On the date of occurrence his wife sent Jannati to Chandihara Bazar in the afternoon on the date of occurre...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....: Not present-the Petitioner. AB Roy Chowdhury, Advocate-For the Opposite Parties. Civil Revision No. 135 of 2000. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 17-8‑1999 passed by the Assistant Judge, Chandina in Comilla in Title Suit No. 6 of 1994 a...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....s. Writ Petition No. 793 of 1999. Judgment Md. Abdur Rashid J.- This Rule Nisi was issued against the assessment order of respondent No.2, the appraiser, Customs House, Bandar at Chittagong dated 1‑3‑1999 directing to assess the customs duty by adjustment at 1.4508 of the Invoice value......is of assessment was challenged and no fruitful purpose could be achieved by preferring an appeal before the Commissioner of Appeal against such illegal order for assessment. In support, he cited the decision in the case of Mustafa Kamal and another Vs. Commissioner of Customs and others 5 MLR (AD) ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....ed by M Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 2071 of 2008. (From the judgment and order dated 26.08.2008 passed by the High Court Division in Civil Revision No.607 of 2008.) Judgment ......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...Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....e-on-Record-For Respondent No. 8. (Appeared with the leave of the Court) Not represented-Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.1162 of 2008. (From the judgment and order dated 30.09.2007 passed by the High Court Division in Writ Petition No.1255 of 2005.) Judgment ......the relevant Service Regulations, 1979 and that the impugned order has been passed by the respondent No.5 of the Writ Petition in collusion with the Head Master most mala fide to frustrate the lawful decision of the school management committee dismissing the Head Master on charge of misappropriation..Category: Civil Law | Date: | Hits: 90
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