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Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......ion of certain plots into the schedule which were unintentionally left out, But prayer for amendment relating to admission of unregistered barga Kabuliyat was refused. 4. Being aggrieved by that order petitioners moved the revisional jurisdiction of this court and obtained the present Rule. ......Ed. This Case is also Reported in: 43 DLR (1991) 77. ......n: 43 DLR (1991) 77. ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
....ly, East Sadekpur and West Sadekpur (Barail) were taken out of Nabinagar Upazila and annexed to Brahmanbaria Sadar Upazila (Annexure 'A'); that on 15.2.90 Electoral Roll was finally published showing the said two unions under Nabinagar Upazila (Annexure 'D'); that on 2......ellate Officer against acceptance of nomination paper of the respondent No.5. The petitioner in his affidavit‑in‑reply has neither challenged the genuineness of that application and the order recorded by the Returning Officer in the margin of that application marked Annexure A2 to......ka 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. ...... Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Ziaul Hoque........................................................................................Petitioner Vs. The Election Commission, Sher‑e‑Bangla Nagar, Dhaka and others ......Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......the same judgment as they arise out of a same transaction. 2. In Contempt Petition No.9 of 1989 the petitioner, filed Writ Petition No.220 of 1989 in the High Court Division challenging the order of detention of his father Anukul Chandra Banik dated 31.1.89 issued by the District Magistrat......to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ...... High Court Division (Dhaka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J AK Banik & Khokan Kumar Saha.................Petitioners (In both the petitions) Vs. M. Karim, Jailor, Dhaka Central Jail, Dhaka & a..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....d to have said SCC Suit No.5/70 transferred to Summary Martial Law Court No.25 at Narayanganj on 25.7.83 by Major General N.A. Chisty illegally by gazette Notification No.142 dated 25 July 1983 (published in the Bangladesh Gazette on 26th July, 1983). Defendant No.1 A.K. Murshed in the Summary ...... Civil Revision No.452 of 1986. Judgment Fazle Hossain Mohammad Habibur Rahman 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.18...... This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......esh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD) 107=33 DLR (AD)154. Lawyers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahmed, Advocate—For Opposite Parties. Civil Revision No..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.......te - For the State. Criminal Appeal No.638 of 1987 along with Suo motu Criminal Revision No.457 of 1987. Judgment Anwarul Hoque Choudhury J.- This appeal is directed against the judgment and order passed by Mrs. N.A. Sultana, Assistant Sessions Judge and Special Tribunal, 1st. Court, Fari......for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......tation, Faridpur on 11.2.86 alleging that on 9.3.86 his daughter Afroza Begum alias Belly aged about 14 years went to Nasima's house to return a book. On her way back she met accused Swapan Kumar and one Montu who informed her that her elder sister Jahanara Begum became ill at her office at Goalch..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. ......road probabilities of the case…………..(35) Confessional statement and allegation of torture Mere denial that the confession was not voluntary is not sufficient. In order to justify such claims, it should be proved that the confession was the result of torture......ondemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......gpur Bench) (Criminal Appellate Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Habibur Rahman Khan J Hazrat Ali & Abdur Rahman...............Condemned Prisoner & Appellant Vs. The State.........................................Respondent ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......Shahjalan Advocate ‑For the Petitioners.
MA Mannan Advocate ‑ For the Opposite.
Civil Revision No. 275 of 1986
Judgment
Muhammad Ansar Ali J. - This Rule calls in question an order dated 28.12.85 passed by the learned Munsif (Assistant Judge), Upazila Court Iswardi, District......Case is also Reported in: 43 DLR (1991) 79.
......ourt
High Court Division
(Civil Revisional Jurisdiction)
Present:
Muhammad Ansar Ali J
Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others........Petitioners
Vs.
Sohrab Ali ...............................................................Opposi..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgment March 13, 1989. Result: The appeal is allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR....... Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......Areng while owned and possessed the Suit land entered into a contract to sell the suit land to the plaintiff at a consideration of Taka 45,000/- on 15.1.63. The plaintiff paid Taka 4,000/-as earnest money and a bainapatra was executed in favour of the plaintiff and the defendant No.1 put the plain..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....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. ......d prayed through her Advocate that she should be released in the custody of her husband accused Md. Shahidul Islam when she claimed to have voluntarily married. The Sessions Judge, Narayanganj by his order dated 19.7.88 sent the said six accused persons to the jail custody pending hearing of the p......issioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......ision
(Dhaka)
(Criminal Revisional Jurisdiction)
Present:
Fazal Hussain Mohammad Habibur Rahman J
Mahmudul Amin Chowdhury J
Sukhendra Chandra Das..........................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Oppo..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....agents of the defendants from the possession of Bank. The High Court Division also set aside the finding of the lower court that the Bank did not take any step to realise its dues. In fact the Bank published advertisement for auction of the pledged goods, but the auction was stopped due to the......egally available to it for realisation of its dues. The Court will refrain from making any officious direction that the Bank should follow a particular security or collateral. High Court Division’s order of vacating attachment is upheld…………………….(36 & 37) Cases Referred to-....... This Case is also Reported in: 41 DLR (AD) (1989) 14. ......R 512, Nagpur High Court in Eduljee vs. Cafe John Bros. A.I.R 1944 Nagpur 37, Albemarle Supply Company, Limited Vs. Hind and Company (1928) 1 K.B. 307, Green Vs. All Motors Ltd. (1917, 1 K.B. 625), Koone vs. Thomas (1905) 1 K.B. 136, Cree v. All Motors Ltd., (1917, 1 K.B. 625). Bangladesh vs. Mohd. ..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. ......ditional Division Special Judge who framed charges against the appellant under the aforesaid sections to which he pleaded not guilty. His defence was that he had deposited the amount duly under the order of the Chairman and that he did not misappropriate any amount. 4. Prosecution examined 5 ......onal Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ...... Jalaluddin Ahmed Chowdhury……………... Appellant Vs. The State.............................. Respondents Judgment March 23, 1988. Cases Referred to- Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....ng and he absconded for long time, and as he was likely to abscond and go abroad he was ordered to be kept under detention. He further highlighted that the detenu by his public utterances, which were published in the newspapers of London and India, held the Government and the Parliament in contempt ......s were available to the detaining authority since March 1986, the detenu was a member of the Parliament and attending Sessions and thereafter he left for U.K. He came back on 22.6.87and when the bail order was passed on 27.6.87 the order of detention was passed, that was no nexus between the mind of......udicial 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. ......Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order passed by the High Court Division in Writ Petition No.294 of 1987. 2. Petitioner's husband, Syed Mokbul Hossain has been detained under section 3(1)(a) of the Special ..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.......Represented - the State. Criminal Appeal No. 412 of 1978 Judgment Fazle Hussain Mohammad Habibur Rahman J. - This appeal at the instance of informant Firoza Begum is directed against the order dated 27.4.87 passed by Mr. A.J. Mustafa, Special Tribunal No. III, Tangail discharging accu......is ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161....... for which she brought Tk. 20, 000/- from her father on different dates and handed over the same to her husband, the accused respondent; that still the accused made pressure on her for bringing more money from her father as dowry which (having) not been done the accused seriously beat her and drov..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. ......Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others………….Respondents Judgment July 20, 1987. Result: The appeal is dismissed without any order as to costs. The Code of Civil Procedure, 1908 (V of 1908) Section 11 An adverse fin......order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ...... by a kabala dated 8 October 1926. 3. Hriday Ranjan Das, son of Jaghabandhu, filed two Redemption suits- Suits Nos. 13 and 14 of 1952 against the heirs of Pran Krishna impleading Chandra Bala as one of the defendants. In these two suits Chndra Bala filed an application to be transposed on the s..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. ......ey General -For the Respondents 1-5. Baset Majumder, Advocate -For the Respondents 6-9. Writ Petition No.73 of 1986. Judgment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring t......ity 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. ......igh Court Division (Special Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Bimalendu Bikash Roy Chowdhury J Sreemati Parul Kusum Roy…………………………………Petitioner Vs. Bangladesh & others…………………………………………..Respondents..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. ......ated 14.9.86 passed ,by Mr. Soumendera Sarker, Subordinate Judge, Rajbari in Misc. Case No.13 of 1986 arising out of Money Suit No. 1 of 1985 allowing the said Misc. Case and vacating the earlier order dated 10.2.86 dismissing the suit for default and restoring the Money Suit No. 1 of 1981 to it...... Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ...... Civil Revisional Jurisdiction Present: Fazle Hussain Mohammad Habibur Rahman J Anwarul Haque Chowdhury J Md. Nurul Haque…………………………………...........Petitioner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......ules and which were not connected with enemy firm as defined in sub-rule (2) of that Rule were vested in the Deputy Custodian of Enemy Property (Lands and Buildings) with effect from the date of that order.
9. The Proclamation of Emergency was, however, revoked on the 16th February, 1969 result...... made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173......vil Revisional Jurisdiction)
Present:
Bimalendu Bikash Roy Chowdhury J
Subitri Bari………………………………Petitioner
Vs.
Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev)..
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. ......lant. 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 order, dated 3-4-81, passed by Mr. Md. Emdadul Haque, Additional Special Judge Rajshahi Division, ......d of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......e under section 409 of the Penal Code read with section 5 (2) of Act II 1947. The aforesaid Fair Price shop at Lalpur is situated under Natore Sub-Division of Rajshahi District, During the above mentioned period the accused-appellant being in charge of the Fair Price shop was a public servant. He re..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....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. ......ry situated in Baralekha Upazilla of Moulvi Bazar District when the same was eligible for fresh settlement from 01.04.1982 and the Minister of State of the Ministry of Fishery and Livestock passed an order on 15.08.1985 for settlement of the said fishery with the petitioner at 51% enhanced rate over......riod of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......ourt Division (Special Original Jurisdiction) Present: S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......laintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the order made in vested Property case in respect of the suit land was illegal. His case was that the su......s also Reported in: 39 DLR (HCD)(1987) 228. ...... Barisal Bench (Civil Rivisional Jurisdiction) Present: AM Mahmudur Rahman J Reajuddin and another…………..............Plaintiff-Respondents-Petitioners Vs. Azimuddin @ Abdul Aziz and others……………&hellip..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
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