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Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....he prosecution witnesses, is that owing to long standing enmity, hatred, litigations and murder cases, the informant party out of such grudge and enmity implicated them falsely in this case. They are completely innocent the charge levelled against them. 7. Of these 28 witnesses excluding the f......4 DLR (HCD) (1992) 295. ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....pointed by the detenu and he resigned himself on 6.12.90 and handed over power to the present Caretaker 'Government for conducting parliamentary election under the Constitution. The whole process was completed with active assistance and co‑operation of the detenu so that the free and fair election......fizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Resul......e possible to furnish to the detenu for public interest or security of the State. Therefore, such discretion of the authority cannot be weighed as indefinite or insufficient for the purpose of making proper representation to the authority. The grounds which form the basis of satisfaction when formul......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......nal Jurisdiction) Present: Kazi AT Manowaruddin J Sheerin Alam Chowdhury............Petitioner Vs. Captain Shamsul Alam Chowdhury.................Opposite Party (In Criminal Nos. 3451 and 3474 of 1992) Captain Shamsul Alam Chowdhury................Petitioner Vs. Sheerin Ala......‘khula’ under the aforesaid provision of section 2 (ix) of the said Act. 33. Here in the present case the Courts below totally failed to consider the case of Mrs. Sheerin Alam Chowdhury in its proper perspective, inasmuch as, she wanted a dissolution of marriage through ‘khula’ and the Co...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..Category: Family Law | Date: | Hits: 265
....r of freedom outside the jail. His jail life was continued without any break. The two orders of release were only paper transactions and the detenu was never actually released.
15. So there is a complete admission that this Court's successive orders were not complied with, in full, even belated...... No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka Central Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully violating and disregarding the orders of this Court to release the detenu A.T. Kamruzzaman Syed passed on 16......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
..
Category: Criminal Law | Date: | Hits: 124
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500....... Vs. Mst. Shafia Khatun & others...........................Opposite Parties Judgment April 13, 1989. Result: The Rule is made absolute. Cases Referred to- Nittala Achayya and others Vs. Nittala Yellamma and others, AIR 1923 (Mad) 109; Chellamma Rao Bahadur and another ...... his two daughters. For this purpose he entrusted the defendants and his sons-in-law to help him in this matter and went to Laxmipur Sub-Registry Officers where the defendants in orders to grab his properties fraudulently and collusively created a deed of Ewaj on 21.11.83 and got it registered a......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...Category: Property Law | Date: | Hits: 136
....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......Reported in: 42 DLR (HCD) (1993) 45.
......urance policy were not fulfilled. In defense it was also asserted that the plaintiff failed to lay any claim against the carrier for the alleged loss or damage. Further the consignor did not take proper care and caution as it appears from the survey report that the packing of the goods were in......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
..
Category: Business or Commercial Law | Date: | Hits: 325
.... and in 1978 he was promoted to the next higher post of Superintending Engineer in Roads and Highways Department and in December, 1982 he was posted as Superintending Engineer, Road Circle, Dhaka and completed 7(seven) projects in record time as per direction of the then DCMLA and Minister-in-Charge......Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddin Ahmed J
Mahtabuddin Ahmed.......................Petitioner
Vs.
The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents
Judgment
November 14, 1989.
Result:
The order passed to revi......ted. 15. 10.85 (Annexure E') as per decisions contained in Memo No.6501/3/ML/-2/E/ ' 147 dated 1.11.86 (Annexure 'H') on such other or further order or orders passed as to this Court may seem fit and proper...................."
16. The reasons for the limited Rule instead of according to the whol......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
.... Amir Hossain was the business partner of deceased Akhter Hossain. He has stated that he had been a business partner of Akhter Hossain for about 1/1 ½ years and of the 3 business works, one work was completed in the life-time and the final bill of the two other works under the name and style of Akh...... ......Hossain. Aktar Hossain claimed his share of rent of their paternal Hotel at Ananda Bazar of Brahmonbaria but failed to get his share from Siraj. Siraj used to enjoy the income alone of their paternal property at Brahmonbaria town and native village. Aktar Hossain and his wife Julie claimed their mon......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......resent: Sheikh Abdul Awal J Hafez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Resul......inding upon the plaintiffs. 3. The defendants contested the suit by filing two separate written statements denying all the material allegations of the plaint contending, inter alia, that the suit property was rightly recorded in the MRR survey and the plaintiffs were fully aware of such record. ...... of the Court of appeal below observing that as the deed of contract being the sheet anchor of the suit was not exhibited through inadvertence in the trial Court, the Court of appeal below for proper adjudication of the matter admitted the deed of contract into additional evidence and in doing so, i..Category: Procedural Law | Date: | Hits: 113
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t the petitioner or her husband for investigation of which inspection and examination of the lockers are required and investigations in all the cases against the petitioner or her husband having been completed and charge sheets submitted and those are now being tried or pending in various trial Cour...... the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as provided in proviso (a) to section 165 CrPC. Since in the impugned Memos no case number was mentioned and no allegation of offence or accusation was disclosed and there is also no mention whether the im...... petition should not be declared to have been made without any lawful authority and to be of no legal effect and/or pass such other or further order or orders passed as to this court may seem fit and proper. 2. The petitioner in this writ petition impugned Memo No.131 DAB (Dhaka) dated 24-2‑9......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..Category: Criminal Law | Date: | Hits: 305
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e amount of tax due along with the return. Thus, the assessee is to prepare his return of income filing the same on due date under section 83A of the Ordinance. The Deputy Commissioner of Taxes shall complete the assessment under this section. 15. Under the umbrella of self-assessment scheme a te......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....d how quickly he reacted by ordering Binodini to leave his Zamindary at once when it dawned upon him that sensuality may engulf and overpower him if Benodini is around. And the sequence at the Jalsha completely transformed the life of Hason Raja. His mother succeeded in making Hason shun the voluptu......be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious phenomenon i.e. prayer (A) was couched/made in the manner as follows: "A) Issue a Rul......3 from releasing and exhibiting the film 'Hason Raja' pending bearing of the Rule. D) Make the Rule absolute. E) Pass such other or further order or orders as to your Lordships may deem fit and proper.” 3. Having gone through the prayer and having heard the submissions of Mr. Shorful Isla......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......CD) (2008) 279. ......d by thelearned Senior Assistant Judge, Nasirnagar, Brahmanbariain Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ..Category: Property Law | Date: | Hits: 121
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......okanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahbub-ul-Alam, Assistant Attorney-General and Md. Bashir Ullah, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocat...... PS CaseNo.1(8)2002 dated 1-8-2002, now pending in the Court of Divisional Special Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......n the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage Suit No.6 of 1988 making the preliminary decree dated 29-8-1991 final, the said decree signed on 23-6-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998......s: Wahed Jute Mills Ltd. availed loan facility of Taka 48 Lakhs from the respondent Nos. 3-12 banks by way of bridge loan in the year 1980. As collateral security against the said loan immovable properties belonging to the Wahed Jute Mills Ltd. were mortgage to the respondent banks by way of ......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ...... Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......-1996 passed by the Senior Assistant Judge, Mithapukur, Rangpur in Other Suit No.48 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiffs instituted Miscellaneous Case being No.48 of 1993 in ......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
.... 2007-2008 of Cox's Bazar Sadar, Teknaf, Moheshkhali and Chakaria Paurashava of district Cox's Bazar and also the electoral roll of 2009-2010 of Moheshkhali Paurashava in accordance with law and to complete the said process within a period of 6(six) months from the date of receipt of this judgment...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: ......le 2(25) which precisely prescribes that the voter list prepared under Act No.6 of 2009 is “আইনের অধীনে চূড়ান্ত ভোটার তালিকা”. Moreover, on proper examination of the entire provisions of the Act No.58 of 2009 and the Rules, 2010 we failed a......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
.... the Code of Civil Procedure also confers wide powers upon the court to strike or add parties at any stage of the proceedings when such striking out or addition is found necessary for effectually and completely adjudicating upon and settling all questions involved in a suit/case. 7. No affidavit......this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......discretion has to be exercised according to sound judicial principles keeping in view all relevant facts and circumstances of the case. Order 1 rule 10(2) CPC provides for addition of "necessary" or "proper" parties and striking out of unnecessary and improper parties. A person may be added as a par......object of rule 10 (2) of Order 1 of the Code of Civil Procedure is to enable the court at any stage of the suit/case to add any person as a party when it is found necessary for effectual and complete adjudication of all question involved in the suit/case. With that object the court can also strike o..Category: Property Law | Date: | Hits: 94
....e. He submits that the Artha Rin Adalat is not an ordinary civil Court, but it is a civil Court of defined nature and it is a self-contained Court having its own forum of appeal. Section 6 of the Ain completely ousted the jurisdiction of the civil Court and no application under section 115 of the Co......e Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Mahmudul Amin Choudhury J
Gour Gopal Saha J
Kazi Gowaherul Islam (KJ Islam)……………Petitioner
Vs.
Standard Co-operative Credit Society Ltd and another………………Opposite Party
Judgment
M......be set aside.
2. The short fact leading to this Rule is that, Opposite Party No.1 as plaintiff instituted the aforesaid suit for realisation of Taka 93,35,483.00 from this petitioner by sale of the property mentioned in the schedule attached to the plaint which was mortgaged with the plaintiff opp...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......d down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ...... learned Counsel representing the plaintiff opposite party No.5 at good length. 9. The moot question before this court is, whether the judgment of reversal passed by the lower appellate Court is a proper judgment of reversal. 10. Both the Courts below failed to consider the question of limitat......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
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