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Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......khali rejecting the Criminal Revision Case No.47(d)/82 preferred against the order dated 9.11.82 passed by Mr. Tayabur Rahman, Magistrate, 1st Class, Hatiya declaring the possession of the opposite party Nos.1 and 2 in the proceeding land in N.G.R. Case No.14/78 under section 145 of the Code of Cr..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....vering the judgment of the report M.H. Beg. CJ observed: "Defective pleadings are generally curable if the cause of action sought to be brought out was not ab initio completely absent. Even very defective pleadings may be permitted to be cured, so as to constitute a cause of action where there ......llowing the amendment under Order 6, rule 17 C.P.C. after the defendant had filed written statement by way of denial of the defendant's case. Mr. Moqbul Ahmed, the learned Advocate for the opposite party, on the other hand, contended that there is no bar in Order 6, rule 17 C.P.C. to seek amendmen..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......rder 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts necessary to state are that the opposite-party as plaintiff instituted a Money Suit in the Court of Subordinate Judge, 3rd Court, Chittagong ..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......g and disposing of it as a special case. In this connection a reference may be made to the case of Sakyapada Barua & ors. Vs. The State and others reported in 38 DLR 86 in which one of us was a party, wherein it was held; “………………………………..........Since the cognizance..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......f 1986 and 3 of 1986 modifying the judgment and order dated 19.8.86 passed by the Election Tribunal and Subordinate Judge, Jhalakati in Election Case No.2 of 1985. 2. The petitioner and opposite party No.4 contested for the post of Chairman of the Nalchity Upazila Parishad in the election h..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......nt's brother Sona Miah went to plough his land in plot No.527 of Akberpur Mouza . At the time of his departure he told his brother, the informant, to go to the land with some seedlings. The accused party also gathered at the same plot of land forming an unlawful assembly with common object to forc..Category: Criminal Law | Date: | Hits: 128
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......1993. Judgment AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite party in a suit for specific performance of contract got a decree on 31.7.1977. Against that decree ..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ed the First Information Report with the Salla PS. He is the brother-in-law of deceased Sikim Ali. P.W.4 Lalita Bibi is daughter of deceased Sikim Ali, P.W.5 Md .Mosa had litigations with the accused party and he is the son of informant Golam Mostafa. P.W.6 Md. Kadratullah had criminal litigations w..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......the aforesaid reasons, I am constrained to award sentence of punishment upon Mr. Ashok K Karmaker, Assistant Judge, till rising of the Court and to pay a fine of Taka 1,000.00. The contemner opposite party No.1 is directed to pay the fine within two weeks. 11. Now, I take up the case of contemner..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ..Category: Criminal Law | Date: | Hits: 97
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......petitioner Shahadat Chowdhury, Editor, Weekly Bichitra is for quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. Complainant opposite party Md. Ataur Rahman, an Additional Chief Engineer of Roads and Highways Directorate, filed a peti..Category: Criminal Law | Date: | Hits: 125
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....d is not agricultural in nature, the case is bad for non-joinder of necessary parties. Both the Courts found that the case was filed in time and that the preemptors were co‑shayers and there was no defect of parties and also they have allowed pre-emption finding that the case land although describ......arties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ground that they are co‑sharers in the case holding. The case land was transferred by the opposite party 3 to stranger opposite party 1 on 13.7.79 without serving notice to the petitioners under sect..Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... been impugned. In my considered opinion I do not find any legal infirmity in the impugned order. 3. However, today I am concerned with the present application which has been filed by the opposite party plaintiff to note for abatement of the revision on the ground that the sole defendant petiti..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Abu Sayeed Ahammed J Hafiz Ahmed.............Petitioner Vs. Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- ..Category: Property Law | Date: | Hits: 127
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......inal Appellate Jurisdiction) Present: Abu Sayeed Ahammed J Md. Awlad Ali J Shahjahan (Md.)……………………Condemned Prisoner Vs. State…………………………Opposite party Judgment March 2, 1999. Cases Referred to- State Vs. Balal Charan Sarker, 47 DLR ..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....ne. Mr. Islam further submits that the trial Court has rightly decreed the suit holding that the suit is not barred by Clause 8(b) of the DOS policy. He strongly contends that, no defence of inherent defects in the stock was taken by the plaintiff, the defendant did not visit the plant willfully unt......ac Gillivray & Parkingron on Insurance Law Sixth Edition page 493 wherein it is said “If there is any ambiguity in the language used in a policy, it is to be construed more strongly against the party who prepared it, which means in the majority of cases against the company. This Rule of constr..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......e dead body was found severed and, according to the doctor, victim met with homicidal death. P.W.9 Abdul Kuddus Talukder is the maternal uncle of the victim. He is the only witness from the informant party who was not declared hostile by the prosecution. His evidence will be considered later on. P.W..Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......r section 115 of the Code of Civil Procedure (Emphasis put). Here it must not be overlooked that there is a lot of difference between a revision and appeal. An appeal confers a right on the aggrieved party to complain in the prescribed manner to the higher forum whereas the Supervisory or Revisional..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....submission the learned Counsel refers to three cases reported in AIR 1964 SC 907, AIR 1934 Cal 282 and AIR 1932 All 273. 27. It is also submitted by the learned Counsel for the respondent that the defects if any pointed out by the appellant in respect of the said Artha Rin Suit could have been po......re-numbered as FMA No.137 of 2010 and upon a separate application for injunction this Court issued Civil Rule No.421 (fm) of 2010 on 21-7-2010 with an ad-interim order of injunction upon the opposite party Nos. 1-3 i.e. respondent Nos. 1-3. The said appeal and Civil Revision No.421 (fm) 2010 are bei..Category: Civil Law | Date: | Hits: 235
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