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Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)

....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183....... The sale deed executed and registered on 2.10.63 was marked as Ext. 1. The petition filed by the defendant to the Chairman of the Union Parishad on 19.3.72 was marked as Ext. 2 and the Ext. 3 is the order passed in the salish. The suit was decreed by the Trial Court and on being aggrieved the defen......s Involved: Hasan Foez Siddique, Advocate -For the Petitioner. Not represented- the Opposite Party. Civil Revision No. 1181 of 1980. Judgment Habibur Rahman Khan J. - This Rule at the instances of the defendant‑petitioner is directed against the judgment and decree dated 4.3.80 and......lso Reported in: 43 DLR (1991) 183...

Category: Property Law | Date: | Hits: 74

Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)

....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......n is given has a right to prefer an appeal. 6. Even in England the position is same. But it is recognised that a person who is not a party to the suit may prefer an appeal if he is affected by the order of Trial Court, provided he obtains' leave from the Court of appeal. Therefore, whereas in the......ent July 22, 1990. Cases Referred to- H K Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; Province of Bombay Vs. WI Automobile Association, 1949 Bom. 141. Lawyers Involved: Mustafa Niaz M......sold their 8 annas share in the disputed land to the plaintiff by two registered kabalas dated 10.4 .52 which he purchased in the benami of his son Haripada Parial, the defendant No. 3, with his own money and for his own benefit and possessed the suit land without partition by metes and bounds. The ..

Category: Property Law | Date: | Hits: 69

Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)

....the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ...... Rahman J. - In this case Rule Nisi was issued on 14.12.89 under Article 102 of the Constitution calling upon the respondent, Government in the Ministry of Home Affairs to show cause why the impugned order dated 12.12.89 (Annexure‑D) passed under section 17(1)(c) of the Special Powers Act, 1974 pr...... The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......pecial Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Ghyas Siddique……………………….....................................Petitioner Vs. Bangladesh, represented by the Secretary of Home Affairs............Respondent. Ju..

Category: Criminal Law | Date: | Hits: 71

Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)

....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ...... Civil Petition for Leave to Appeal No.1841 of 2009. Judgment Md. Muzammel Hossain J. - This petition for leave to appeal at the instance of the petitioner is directed against the judgment and order dated 29.07.2009 passed by a Division Bench of the High Court Division in Writ Petition No.646......1 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ...... Md. Muzammel Hossain J SK Sinha J The Chairman, Rural Electrification Board, Head Quarter Building, Nikunja-2, Khilkhet, Dhaka-1229………………………………………………Petitioner Vs. Md. Awlad Hossain and Others………………………………Respondent Judgme..

Category: Employment/Service Law | Date: | Hits: 175

Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)

....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......nsingh against the defendants for a declaration that the plaintiffs are the 16 annas owners of the suit property described in the Schedule of the plaint. The learned District Judge, Mymensingh by his order dated 6.11.83 transferred the suit to the Court of the learned Munsif, Fulbaria for disposal a...... SAM Mahbub Elahi, Advocates ‑For the Petitioner. Not represented ‑ the Opposite Parties. Civil Revision No. 805 of 1987. Judgment Habibur Rahman Khan J. - This Rule was issued at the instance of the petitioners calling upon the opposite parties No. 1 to 4 to show cause as to why the......ported in: 43 DLR (1991) 168...

Category: Procedural Law | Date: | Hits: 102

Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)

....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......t was not in compliance with the rule 12(5) of the Rules. The election Tribunal took the view that there has been a substantial compliance with the rule and accordingly overruled the objection, by an order dated 27.9.88. Being aggrieved the petitioner has called in question the legality of the order............Opposite Parties. Judgment June 20, 1989. Cases Referred to- K Kemaraja Nadar Vs. Khunju Thevar and others, AIR 1958 (SC) 687=1959 SCR 583; Murarka Radhey Shyam Ram Kumar Vs. Roop Singh Rathore, 1964‑3 SCR 573; Ch. Subbarao Vs. Member, Election Tribunal, Hyderabad (1964) 6 SCR 2......R (1991) 166...

Category: Election Law | Date: | Hits: 130

Kadu and others Vs. State, 1990, 19 CLC (HCD)

....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......ellants. AKM Shamsul Karim, Assistant Attorney‑ General ‑For the State. Criminal Appeal No. 265 of 1978. Judgment Md. Badruzzaman J. - This appeal is directed against the judgment and order dated 10.8.77 passed by the Additional Sessions Judge, 1st Court, Mymensingh, in Sessions Case......e not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......ut 1" x ¼” chest cavity. (3) One stabbing wound on the back and left side of vertebral column measuring about 1" x ¼ chest cavity. (4) One stabbing wound on the back and right side 1" x ¼ bone and (5) One incised wound on the right foot ½" x ¼ x bour. 11. The death of Asak Ali, in..

Category: Criminal Law | Date: | Hits: 74

Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)

....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......ibit‑2 and also admitting the kabala in respect of .12 acres of land out of the baina land in favour of the plaintiff. In pursuance of the said compromise the plaintiff got his plaint amended by an order of the Court dated 22.7.74 claiming a decree for only .12 acres of land against the defendant ...................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Party. Civil Revis......rted in: 43 DLR (1991) 160. ..

Category: Property Law | Date: | Hits: 64

Anwar Hossain Majhi Vs. Government of Bangla­desh & others, 1989, 18 CLC (HCD)

....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......try into the said office. But his rival group was successful in keeping him out of the office for most of the period in connivance with the local Government machineries. Thus, it is claimed that such order of suspension ex facie cannot be sustained in law as the same does not manifest the formation ......mmediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......preme Court High Court Division (Criminal Revisional Jurisdiction) Present: Mohammad Abdur Rouf J Md. Mozammel Hoque J Anwar Hossain Majhi.....................................Petitioner Vs. Government of Bangla­desh & others...............Respondent. Judgment Dece..

Category: Election Law | Date: | Hits: 121

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ruque, Advocates ‑ For Respondent Nos. 5‑12 & 14‑19. Writ Petition No. 141 of 1985. Judgment Naimuddin Ahmed J. - By this application under Article 102(2) of the Constitution of an order passed by the Respondent No. 1 through the Respondent No. 2, the Secretary, Ministry of Works,......o the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......991) 139. ..

Category: Property Law | Date: | Hits: 78

Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)

....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......nance and after appearance granted bail to the petitioner; that the petitioner filed an application under section 241A of the Cr.P.C. to discharge the accused petitioner but the learned Magistrate by order dated 27.4.89 rejected the petition and framed charge against the petitioner under sections 54......d to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......urt High Court Division (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Kamaluddin Chowdhury................Accused‑Petitioner. Vs. Mashiudwllah and another............Opposite Parties. Judgment August 6, 1990...

Category: Criminal Law | Date: | Hits: 69

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for leave to appeal under Article 103 of the Constitution of Peoples' Republic of Bangladesh is directed against the judgment and order dated 11.10.2009 passed by a Division Bench of the High Court Division in Civil Miscellaneous ...... This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......ion (Civil) Present Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Shah Sekandar Molla………………………………………..Petitioner Vs. New Sagurnal Tea Co. and Others……………………Respondent Judgment Marc..

Category: Civil Law | Date: | Hits: 113

Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)

....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......—For the Appellant. Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record —For the Respondent. Criminal Appeal No. 32 of 2008. (From the Judgment and order dated 11-11-2007 passed by the High Court Division in Death Reference No. 93 of 2004 along wit......d order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ...... Code of Criminal Procedure for con­firmation of death sentence imposed upon the accused Sohel which was registered as Death Reference No.93 of 2004. The High Court Division heard all the above mentioned appeals and the death reference together and disposed of by the common impugned judgment and or..

Category: Criminal Law | Date: | Hits: 84

State Vs. Keramat Ali & another, 2010, 39 CLC (AD)

....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536....... Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondent No. 2. Not Represented—For the Respondent No. 1. Criminal Appeal No.11 of 2008. (From the judgment and order dated 2-3-2005 passed by the High Court Division in Criminal Appeal No.123 of 1989). Judgme......rt Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536....... as regards the lime, the place and the manner of occurrence. The learned Sessions Judge thoroughly assessed the evidence of these witnesses and came to a definite finding that all these witnesses in one voice stated that accused Azmat Ali inflicted a lathi blow on the head of the deceased Rezaul Ka..

Category: Criminal Law | Date: | Hits: 90

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ...... petitioner then requested them to provide him with the name of the complainant, the charge‑sheet, the names and addresses of the witnesses, the copy of the deposition made by the witnesses and the order of the Government, in respect of forming the Enquiry Committee against the petitioner. On 17.6......question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ......h Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Abdul Hannan Khan (Md.)................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others...............

Category: Employment/Service Law | Date: | Hits: 79

Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)

....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......an Chowdhury, Advocates ‑For the Petitioners. Not represented ‑ the State. Criminal Revision No. 231 of 1989 Judgment A M Mahmudur Rahman J. -This Rule arises out of the judgment and order passed by Assistant Sessions Judge, Munshiganj in Criminal Appeal No. 11 of 1988 confirming th......val of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......is also Reported in: 43 DLR (1991) 128. ..

Category: Criminal Law | Date: | Hits: 73

Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)

....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ...... Civil Revision No. 228 of 1988. Judgment Nurul Huque Bhuiyan J. - This Rule under section 115 of' the Code of Civil Procedure at the instance of plaintiff ‑petitioners calls in question the order dated 24.11.88 passed by the learned District Judge, Barisal in Miscellaneous Appeal No. 43 of......91) 123. ......ported in: 43 DLR (1991) 123. ..

Category: Procedural Law | Date: | Hits: 84

Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)

.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......, however, entitled to get back her money from the defendant bank with interest at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......d others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For the Opposite Party No.......ted in: 43 DLR (1991) 121. ..

Category: Property Law | Date: | Hits: 70

Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)

....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......ithin 3 years and also adjust the same towards rent in case of any default in payment of rent thereof. The plaintiff did not receive rent for which the defendants were compelled to send rent by money order. No notice under section 106 of the Transfer of Property Act has been served upon the defendan......s Referred to- Chockia Thevar Vs. Shanmugasundaram Chetliar and another, AIR 1965 (Madras) 610; Chief Kwame Asante, Tredehene Vs. Chief Kwame Tawia, 9 DLR (PC) 686; AIR 1956 (Madras) 611; Mafizuddin Mia Vs. Muzlim Khandaker and others, 6 DLR 588; Neyaz Ahmed Khan Vs. Anwari Khatoon, 22 DLR 444, ......ported in: 43 DLR (1991) 115...

Category: Property Law | Date: | Hits: 66

Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)

....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......1978 the learned Advocate for the opposite party submits that as the matters are not the same and as the issues in the suits and the revisional applications are different this Court may not grant the order of stay as prayed for. He further submits that the decision of the House Rent Controller that ......e prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ...... Reported in: 43 DLR (1991) 113. ..

Category: Property Law | Date: | Hits: 66