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Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... this rule. The petitioner filed Election Case No. 1 of 1988 before the Election Tribunal (Court of Senior Assistant Judge) Golapganj, Sylhet alleging that the petitioner was a contesting candidate along with the opposite parties No. 1-5 in the election for the office of the Chairman of Ful......rty No. 1 opposed the rule by filing an affidavit in opposition. 4. Mr. Dewan A. M. S. Zaman, the learned Advocate for the petitioner has submitted that the Election Tribunal had relied on the decisions in the case of Md. Amjad Hossain Howladar Vs. Chief Election Commissioner reported in 27 D..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....tes— For the Appellants. A.B.M. Golam Majid Advocate— For the State. Criminal Appeal No. 230 of 1978 Judgment Muhammad Ansar Ali J.— This appeal arises out of the Judgment and order dated 31.8.78 passed in Sessions Case No. 4 of 1977 by Mr. A.K.M. Shajaruddin, Sessions Judge, Kusht......rder to substantiate his contentions, the learned Advocate for the appellant has drawn our attention to certain facts and circumstances of the case and the evidence on record and he also cited some decisions in support of his contentions namely, the decision reported in 1987 BLD (AD) page 265, 1..Category: Criminal Law | Date: | Hits: 52
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....lam, Additional District Magistrate, Dhaka passed the order dated 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of the Special Powers Act for 30 days from the date of service. The said notice undoubtedly was served on the detenu in the Dhaka Central Jail on 8......et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35...Category: Criminal Law | Date: | Hits: 29
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....ed by the learned Sessions Judge, Patuakhali convicting them under section 395/397 of the Penal Code and sentencing them there under to suffer rigorous imprisonment for 7 years each by his judgment dated 21-4-85 in Sessions Case No. 105 of 1983. 2. The prosecution case in brief is that on the n......se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ..Category: Criminal Law | Date: | Hits: 51
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
.... Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dhaka, rejecting the prayer of the p......ted the petition without arriving at a finding as to the right, title and possession over the suit property and therefore the order need to be- set aside. The learned Advocate has referred to certain decisions to which I shall advert at the relevant portions of the judgment. 5. Mr. M. G. Bhuiyan,..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....accordingly sentenced him to death by hanging and found the remaining 3 accused-persons not guilty and as such acquitted them of the charge under section 302/34 Penal Code by his judgment and order dated 25-4-87. Thereafter, on the same day, the learned Additional Sessions Judge, Bogra made this......ies nor freak inferences but rational deductions which reasonable minds make from the probative force of facts and circumstances". 29. The aforesaid principles have also been enunciated in the decisions of the Indian Supreme Court in AIR 1952 (SC) 343, AIR 1976 (SC) 917, AIR 1979 (SC) 190 etc..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....was the driver of the car of the informant Nazrul Islam and observed "all the witnesses were thoroughly cross-examined by the defence but I find nothing to disbelieve their evidence brief case on the date of occurrence and he left for station road with that money by his own transport and subsequentl......nd the evidence on record also proved the offence committed by the petitioner. He also referred me to the case of Jahangir Hossain Vs. The State, 7 BLD 366. Before I embark upon the discussion of the decision, I like to examine first the provisions of section 237 of the Code of Criminal Procedure. F..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....he petitioner. Abdul Momen Chowdhury, Advocate—For the Opposite Party. Criminal Revision No. 47 of 1986 Judgment A M Mahmudur Rahman J.- This Rule arises out of a Judgment, and Order dated 24.12.85 passed by the learned Sessions Judge, Chittagong in Criminal Appeal No. 122 of 1985 u......ation has no force. Mr. Maqbul Ahmed in support of his contention that when there is existence of partnership the accused can not be held liable under section 405 of the Penal Code referred me to a decision in the case of Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD)14. ..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
.... on 14.10.80 to the Dockyard to start construction and Tk. 28.00 lacs on 3.12.80 to the company. 5. That as per the contract the vessel was supposed to be delivered within 8(eight) months from the date of disbursement of first instalment and first instalment was paid on 14.10.80. 6. That the b......mplainant filed the petition of complaint in the Court of the Chief Metropolitan Magistrate, Dhaka on 12.8.84. We consider it necessary to reproduce the petition of complaint in its entirety, for the decision in these Rules will depend upon the examinations of the allegations made in the petition of..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....h Civil Rule No.192 (F.M.) of 1986. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This appeal by the defendant-appellant Bangladesh Shipping Corporation is directed against Order No.9 date 22.5.86 passed by Mr. M. I. Hafiz, Subordinate Judge-in-Charge of Second Court of Subordinate J......, and objections to attachment of, attached property in execution of a decree. 12. Mr. A.K.M. Shafiqur Rahman the learned Advocate appearing on behalf of the respondent decree-holder refers to the decision in the case of Md. Nurul Islam Vs.Abdur Rashid & others reported in 1983 BLD (AD) 310 a..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....Republic of Bangladesh, 1972. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against an office order dated 19.11.86 (Annexure B) passed by the respondent no. 2, the Vice-Chancellor and issued under the......17.11.86 that the petitioner should be suspended and disciplinary proceedings should be initiated against him. The impugned order of suspension dated 19.11.86 was passed in pursuance of the aforesaid decision of the highest authority of the University. A disciplinary proceeding against him is alread..Category: Criminal Law | Date: | Hits: 74
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....y Attorney General- for the State. Criminal Revision No. 8 of 1986. Judgment Daliluddin Ahmed J.- This Rule was issued upon the Deputy Commissioner, Pabna to show cause as to why the order, dated 5.12,85, passed by Additional Sessions Judge, Pabna,in Session Case No.2 of 1985 should not be......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29...Category: Criminal Law | Date: | Hits: 24
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
.... Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Court Barisal in Title Appeal No...... for the appellant next submitted that the appellant was not given a show cause notice and as such order of cancellation was violative of the principle of natural justice and placed reliance upon the decision reported in 19 DLR 719. That case is distinguishable from the present case. In that case, t..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... prayer to remand them to custody till the receipt of the detention order. Thereafter the District Magistrate, Comilla, namely, the opposite party No. 3 Put the detenu under detention by his order dated 26.1.87 for a period of 30 days. On the same date the grounds of detention were served upon th......both vague and indefinite and such grounds as stated did not give any scope to the detenu to make any effective representation. Detention on such grounds is illegal and it has been so held in several decisions making it an established principle of law that the detention on grounds vague and indefini..Category: Criminal Law | Date: | Hits: 40
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....nan with Zakir Ahmed - for the respondents. Appeal from Original Order No. 171 of 1984. Judgment Mustafa kamal J. - This first miscellaneous appeal is directed against the judgment and order dated 19.4.84 passed by Mr. Ali Ashraf Khan Lodi, Subordinate Judge, 1st Court, Dhaka in Miscellaneo......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....dvocates - For the Opposite Party. Civil Revision No. 87 of 1985. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against an order dated 9.4.84 passed by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written stateme...... ex parte disposal, in his submission, does not attract the operation of either Order 9, rule 6 or Order 9, rule 7 of the Code of Civil Procedure. Dr. Kamal Hossain has relied upon the Division Bench decision of this Division in the case of M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....he Appellant. Appeal from Original Order No. 221 of 1995. With Cross Objection No. 2 of 1997. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against judgment and order dated 8-7-95 passed by the learned Subordinate Judge, 1st Court, Comilla in Title Suit No.4 of 1995 ......a banker they are debtors and the bank is bound to pay the money to the survivor. He submits that trial Court failed to appreciate the latest position in Banking Laws in this country and relying on a decision reported in 32 CWN 817 passed the order of injunction. It is submitted by Mr. Huq that the ..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....he said ship was declared wreck and the Chairman, Mongla Port Authority was appointed receiver of wreck under section 273 of the Merchant Shipping Act, 1923 vide a Gazette Notification No.SRO-66-1/81 dated 19-2-81. The receiver took over possession of the wreck MV Pavlina-I and it was so notified fo......dated 23-4-95. On receipt of the aforesaid letter dated 23-4-95 along with the report dated 22-4-95 the First Secretary (VAT), National Board of Revenue, Dhaka by letter dated 9-5-95 communicated the decision of the National Board of Revenue to the respondent No.4 that the jute goods and the shipwre..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....5 of 1996. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against judgment and decree passed by Artha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka 14, 05, 75,934.28 paisa with interest. 2. The ......as not done. It was explained by defendant No.3 that the amount does not belong to defendant No.1 rather it belongs to their client. Defendant No.1 also brought to the notice of defendant No.3 of the decision given by Bangladesh Bank in the matter. It is the case of plaintiff that defendant No.3 ill..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
.... is the newspaper cutting of the daily English The Independent and Annexure-A(2) is the newspaper cutting of the daily Bengali newspaper ‘The Ittefaq’. 30. The daily English newspaper the Star dated 7-9-1999 contained the statements of Mr. Nasim in the following manner: “Home Minister Mo......cussion in the Parliament made certain statements and remarks about a pending case with regard to involvement of Mr. Akhtaruzzaman Chowdhury Babu, an Opposition MP and that was the subject matter for decision in the aforesaid Criminal Miscellaneous Case. A Division Bench of this Court comprising Mr...Category: Criminal Law | Date: | Hits: 54
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