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Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....dence on record and considering the oral, testimony of all the witnesses very carefully, as we see, found the condemned prisoner guilty under section 302 of the Penal Code and acquitted (Saleha Begum legally and correctly). 10. Mr. Khorshed Alam Khan, the learned Counsel for the condemned prisone...... 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...Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....endment of section 5A of the Criminal Law Amendment Act, 1958 after amendment of the provisions of sub-section (5) of section 167 of the Code of Criminal Procedure in 1992. 9. In view of the above legal position, we find no substance in the contention of Mr. Islam that the proceedings should be q......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)
....aintiff submitted a claim of the aforesaid amount to the defendant under DOS policy. The defendant by his letter dated 26-2-89 to the plaintiff repudiated the claim. The plaintiff thereafter served a legal notice upon the defendant on 14-5-89 and ultimately filed the suit on 2-10-89. 5. The defen......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....e evidence and other materials on record which he was required to discuss in exercise of appellate authority. But on reading appellate judgment it cannot be said that the same suffers from a patent illegality and flagrant error of law. It is to be kept in view that in case of reversal of judgment of...... 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...Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....ns given and the title deeds deposited. The transaction as entered into shows that the deposit of title deeds and sanction of loan to M/s. Capital Ship Breakers are different set of transaction. No legal relationship of security for the loan is visible or even assumable in the two sets of events. ......udge by his order dated 4-3-2010. The plaintiff as petitioner preferred Civil Revision No.1020 of 2010 before this Court and obtained rule on 14-3-2010 with a direction upon the parties to maintain status quo for a period of 3 (three) months, but at the same time this Court also directed the learn..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....tatement of the mother of the condemned prisoner recorded under section 164 of the Code of Criminal Procedure was not admissible in evidence. The learned Deputy Attorney-General did not dispute the legal proposition. It is now well settled that a statement recorded under section 164 of the Code of......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....nce consideration of Tk.7,55,0007-as early as possible. As the aforesaid 15 partners of defendant No.1 were residing at different places the defendant No.1 could not act as per his agreement for some legal difficulties and as such the defendant No.1 was taking time after time to reconstitute the par......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... to show cause as to why the decision and order of the Labour Court, Khulna Division, passed in Case No.IRO. 24/82 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that he is the Assistant Teacher of the...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...Category: Labour and Industrial Law | Date: | Hits: 184
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....ed, and fabricated. 4. The defendant No.1 has also denied to have received taka one lac by giving any receipt. That the defendant No.1 nobody of the said Monwara Hospital, recently going through a legal notice published in a daily newspapers, and after making search in Court, the defendant No.1 h......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
....d under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate) of the respondents office (Annexure-C) should not be declared to have been made without lawful authority and is of no legal effect.
2. The case of the petitioner is as follows:
He has been serving under the respo......the Second Labour Court at Dhaka. Whether or not the Bangladesh Allocation Rules, 1982 will apply to the petitioner will depend on the decision of the Labour Court in the pending case determining the status of the petitioner.
In the light of our above observation, we declare that the impugned ord..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....tion filed under section 33 read with section 30 of the Arbitration Act but since the petitioner did not file any objection whatsoever under section 33 of the Act the trial Court did not commit any illegality in making the award a rule of the Court and this objection cannot now be taken by the judgm...... filed an application in the execution case, the BTTB treated it as an Autonomous Body. The opposite party No.1 also pursued their claim against the BTTB all through without realizing about the legal status of the present petitioner. It is only in the Execution case the petitioner filed an applicati..Category: Alternative Dispute Resolution | Date: | Hits: 291
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ff and the order dated 9-10-85 passed by the Additional. Deputy Commissioner (Revenue), Chittagong in SR Case No.73 of 1984 affirming the judgment and order of the Additional Deputy Commissioner is illegal and not binding upon the plaintiff and for further declaration that the judgments and orders d......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 27-10-86 (Annexure-G), the notice dated 2-9-87 (Annexure-H) and the notice dated 24-10-87 (Annexure-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain st......re-J) to the petition should not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The short facts relevant are that CS Plot..Category: Property Law | Date: | Hits: 156
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
.... failed to incorporate such facts the defendant shall be debarred from bringing such facts on record at a belated stage to the hardship and detriment of the plaintiff. The defendant can raise all the legal pleas and only such factual reference can be raised which are legally permissible, consequenti......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420...Category: Procedural Law | Date: | Hits: 148
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
.... of 1982 in the Court of the learned Subordinate Judge, Bogra on 2.7.82 against the present petitioner for a declaration that an ex parte decree passed on 4.1.80 in O.C. Suit No.17 of 1979 is void, illegal and fraudulent and prayed for cancellation of the same. This suit was valued at Taka 12,600/- ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....le Nisi calling upon the respondents to show cause as to why the aforesaid proceeding before the Election Commission shall not be declared to have been passed without lawful authority and to be of no legal effect. 6. During the pendency of the aforesaid Rule Nisi the Election Commission, in absen......iples of estoppel, waiver and acquiescence. 25. We have given our anxious thought in the matter. Once a candidate is declared Chairman by notification in the official Gazette he acquires a legal status and by his subsequent conduct it cannot be said that he has created an estoppel against the s..Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....l not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad should not be declared to be invalid and to be of no legal effect and as to why fresh election in accordance with law shall not be declared to be held in......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...Category: Election Law | Date: | Hits: 220
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....eed itself that the donor has expressly given the possession of the property mentioned in the schedule of the said heba and that having been read out, and explained we hold that there exist valid and legal offer, acceptance and delivery of possession in the instant case. That Abdur Rahman Sikder, th......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
....arty No.1 seeking a declaration that the orders dated 28.7.78 and 12.4.82 passed by defendants 1 and 3 treating the land in suit as described in the schedule of the plaint as vested property were illegal, without jurisdiction and not binding upon him.
2. The case of the plaintiff, in short, is ......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
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Category: Administrative Law | Date: | Hits: 488
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....7A) Cr.P.C. The Sessions Judge, Mymensingh by his order dated 22.9.88 took the view that the order dated 5.6.88 passed under section 167(7A) Cr.P.C. by the Additional District Magistrate may not be legal and valid as it was not passed by the District Magistrate and that as the accused persons have......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...Category: Procedural Law | Date: | Hits: 113
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