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Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

....ty in dispute, that is, item No.1 of Sched­ule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......ate-on-Record–For the Appellants. T. H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record–For Respondent No. 2. Not represented – Respondent No. 1. Civil Appeal No.78 of 1989. (From the judgment and order dated 25.4.89 passed by the High Court Divis..

Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......vocates—For the Appellant. Mvi. Md. Wahidullah with Firoj Shah and Aminul Islam Mondal, Advocates—For the Accused-Respondent Nos.4 and 5. S.B. Barua, Advocate—For the State. Criminal Appeal No.215 of 1989 Judgment Md. Mozammel Hoque J.- This Crimi­nal Appeal No.215 of 19..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....ade repeated prayer for bringing the victim girl before this Court again in order to examine her by us. On the prayer of the learned Advocate this Bench passed an order on 2.8.89 directing the Deputy Commissioner, Gazipur and the jailor, Gazipur jail to produce the detenu before us and in pursuance ......and made over to the petitioner. 2. By an order dated 30.4.89 this case was directed to be heard along with Criminal Revision No. 94 of 1989 (subsequently converted and re‑numbered as Criminal Appeal No. 215 of 1989). In pursuance of that order these two cases are heard together but for the s..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

....sistant of the Collectorate. He states in the said affidavit on behalf of the petitioners that he is acquainted with the facts and circumstance of the case as he looks after the cases in which Deputy Commissioner, Dhaka is a party. He had stated in his affidavit that before the decree was drawn up a...... Rule was issued at the instance of defendant‑petitioner on 4.12.88 calling upon the plaintiff‑opposite parties to show cause why the order passed on 21.8.88 by the District Judge, Dhaka in Title Appeal No.127 of 1988 should not be set aside. 2. The facts of the case are that the opposite p..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

....airman acquires a vested right and remedy of the aggrieved person is to the Election Tribunal for redress of grievance........................ (9) Cases Referred to- 40 DLR (AD) 270; Chief Commissioner of Aj­meer Vs. Radheshyani Dhani, AIR 1957 (SC) 304; Mun­shi Abdul Hoque Vs. Ad...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....arties, that the said decree is binding on the plaintiff, that the said decree passed in the judg­ment by the Summary Martial Law Court was exe­cuted on 19.4.84 and 20.4.84 through the Deputy Commissioner, that the plaintiff was evicted from the suit land in which he was in wrongful possessi......n J. - This Rule was issued calling upon the opposite party No.1 AKM Murshed lo show cause why the judgment and order dated 18.1.86 passed by Mr. Md. Ibrahim Ali, District Judge, Narayanganj in Title Appeal No.184/84 arising out of Title Suit No.56/84 of the Court of Subordinate Judge, Narayanganj s..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Ananda and others Vs. State, 1989, 18 CLC (HCD)

....not wanted in connection with any other case. The suo motu Rule for enhancement is dis­charged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......e Referred to- Ramji Lai Vs. The State, AIR 1951 Rajasthan 33. Lawyers Involved: S.R. Karmaker, Advocate - For the Appellant. A.Q. Raisuddin Ahmed, Advocate - For the State. Criminal Appeal No.638 of 1987 along with Suo motu Criminal Revision No.457 of 1987. Judgment Anwarul H..

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......d Prisoner Hazrat Ali (appointed by the State)  Mujibor Rahman, Advocate—For the Con­demned Prisoner Abdur Rahman.  Death Reference No.1 of 1985 With Criminal Appeal No.93 of 1985 With Jail Appeal No.106 of 1985. Judgment Habibur Rahman ..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

.... in March, 1964 without executing the registered sale-deed in pursuance of the agreement for sale. The defendant No.2 who is the daughter of defendant No.1 filed petition before the Additional Deputy Commissioner (Welfare Mymen­singh), defendant No.4 asserting her title to the suit property and see...... Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgment Latifur Rahman J.- This appeal is di­re..

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....ome Affairs, Govt. of Bangladesh and Others……....Opposite Parties Judgment December 13, 1988. Result: The Rule is made absolute. Cases Referred to- Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Dayal Dhingra Vs. Mt. Sohagan, A.I.R......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ......) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. Kazi A.T. Monowaruddin, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record,—For Re­spondent. Civil Appeal No. 2 of 1988. Judgement Badrul Haider Chowdhury J. — I regret that I could not s..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....der of conviction and sentence passed by the Additional Di­visional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......der of conviction and sentence passed by the Additional Di­visional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......e Appellant. A.W. Bhuiyan, Additional Attorney General, Hassan Arif Deputy Attorney-General with him In­structed by B. Hossain, Advocate-on-Record. — For the Respondents. Criminal Appeal No. 21 of 1987. (From the judgment and order dated 27.8.1987 Passed by the High Court Di..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)

....appeal is, there­fore, not maintainable on this ground also. The appeal accordingly is summarily dis­missed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......Vs. Hormuz Ali & another..............Respondents Judgment July 29, 1987. Lawyers Involved: Abul Kashem, Advocate - For the Appellant. Not Represented - the State. Criminal Appeal No. 412 of 1978 Judgment Fazle Hussain Mohammad Habibur Rahman J. - This appeal at the..

Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ...... the Appellants. Syed Ishtiaq Ahmed, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate on Record- For Respondents Nos. 1(a) to 1(c). Ex parte- Respondent Nos. 3 to 5. Civil Appeal No. 77 of 1985. (From the judgment and order dated 7-6-84 passed by the High court Divi..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......ocal Tahsilder. In the meantime V.P. Case No.20 of 1985 was started on 20.04.85 on the basis of a report dated 20.03.85 of the V.P. Tahsilder. Respondent No.2 called for a report on 10.01.85 in Misc. Appeal no.15 of 1984-85 but respondent No.4 with an ulterior motive and without making any report an..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)

....der section 115(1) C.P.C. The application is, therefore, summarily re­jected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......d both the defendants 1 and 2 of the charges on 26.4.84. The prosecution preferred an appeal to the High Court Division on 10.8.86. The appeal in the High Court Division has been numbered as Criminal Appeal No.12 of 1986 and is pending for admission. In the present Money Suit 8 of 1979 the plaintiff..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

.... Subitri Bari………………………………Petitioner Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others…………………&h......t Bimalendu Bikash Roy Chowdhury J.- This Rule at the instance of defendant No.1 It directed against a judgment and decree of the learned Additional District Judge, 1st Court Patuakhali in Title Appeal No.34 of 1982 affirming those passed by the learned Subordi­nate Judge, 2nd Court, in Tit..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......9. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury, Advocate—For the Appellant.  Kaiserddin Ahmed, Deputy Attorney General—For the Respon­dent (State).  Criminal Appeal No.119 of 1981. Judgment Daliluddin Ahmed J.- This appeal arises out of a judgment and..

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....y the Hon'ble Court in Writ Petition No.19 of 1982 and they have been always trying to defeat the right of the petitioner in respect of the fishery and with that end in view the Additional Deputy Commissioner (Revenue), Moulvi Bazar suddenly put the fishery in auction on 25.05.1984 for the perio......eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247