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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.......lants, submits that the evidence as adduced by the prosecution are hopelessly insufficient to establish the charge of murder as brought against the appellants and that the learned Additional Sessions Judge convicted the appellant on mere suspicion. 8. It is in the evidence of P.W.6 Shakawat Ali t..

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.......ourts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judge-cum Third Artha Rin Adalat, Sadar, Chittagong in Family Appeal No.38 of 1997 affirming those d..

Category: Family Law | Date: | Hits: 211

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......008 was dismissed on merit. 7. During pendency of the Civil Petition for Leave to Appeal the appellant Ayat Steels Limited as plaintiff instituted Other Suit No.3 of 2010 before the Joint District Judge, 1st Court, Chittagong seek­ing a declaration of title over the property involved in the suit..

Category: Civil Law | Date: | Hits: 235

State Vs. Manik Bala, 1988, 17 CLC (HCD)

....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.......No. 7 of 1988 With Jail Ap­peal No. 93 of 1988. Judgment Mohammad Ismailuddin Sarker J.- This is a Reference under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Borguna for confirmation of the sentence of death passed by him on the condemned prisoner Man..

Category: Criminal Law | Date: | Hits: 142

Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)

.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... of Abdul Latif and with a view to grab the property of Abdul Latif used the said bainapatra as Ext.A in Title Suit No.482 of 1984 instituted by the accused persons in the second Court of Subordinate Judge, Dhaka and by using such forged document as genuine committed offence punishable under section..

Category: Criminal Law | Date: | Hits: 107

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....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....... Appeal from Original Decree No. 3 of 1985. Judgment Nurul Huque Bhuiyan J.- This appeal at the instance of the defendants is directed against the judgment and decree of the learned Subordinate Judge, 1st. Court, Dhaka passed in Title Suit No.301 of 1980 decreeing the suit for specific perforÂ..

Category: Business or Commercial Law | Date: | Hits: 349

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ...... was duly submitted against the accused petitioner and Mainul Hasan under section 25B and 25D of the Special Powers Act on 29-11-1994. 3. The case record was received by the learned Senior Special Judge, Dhaka on 24-1-1995 for trial of the accused petitioner and Mainul Hasan. He took cognizance o..

Category: Others | Date: | Hits: 159

Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)

....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.......the Opposite Party No.2. Civil Revision No.1718 of 1935. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1991 wherein the seamed Court has added 3rd party as defen..

Category: Procedural Law | Date: | Hits: 121

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......t call in question the legality or validity of the award. But Court answered the question in the affir­mative. It observed, "In that view of the matter it was bounden duty of the learned Subordinate Judge to suo motu inquire as to the validity or legality of the award before making the same rule of..

Category: Alternative Dispute Resolution | Date: | Hits: 291

Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)

....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......1991. Judgment Md. Abdul Karim J.- Criminal Appeal No.2266 of 1991 and Criminal Appeal No.2229/1991 are directed against the Judgment and the order dated 27.10.91 passed by the learned Sessions Judge, Feni in Sessions Case No.4 of 1990 convicting appellants Humayun, Jasim and Mintu and also ap..

Category: Criminal Law | Date: | Hits: 147

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

....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. ......ment Abu Sayeed Ahammed J.- This Rule has been issued, at the instance of the defendants against the judgment and decree dated 17-7-94 passed in Other Appeal 136 of 1990 by the Additional District Judge, Cox’s Bazar, allowing the appeal and reversing the judgment and decree dated 20-10-90 passe..

Category: Property Law | Date: | Hits: 105

Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)

....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......nst twelve persons including Humayun under sections 148, 149, 323, 324, 326, 302, 114 of the Penal Code. Subsequently, charge sheeted accused persons were placed on trial before the Court of Sessions Judge, Faridpur, in Sessions Case No.70 of 1991. By the judgment and order dated 1-12-92 learned Ses..

Category: Criminal Law | Date: | Hits: 108

Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)

.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......from the possession of the petitioner was covered by the said requisition no compensation was paid to the petitioner and the petitioner filed Title Suit No.166 of 1972 in the Court of the Subordinate Judge, 1st Court, Dhaka for declaration of her title to the compensation money in respect of her pur..

Category: Property Law | Date: | Hits: 156

Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)

....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......n No.1808 of 1997. Judgment Md. Fazal Karim J.- This Rule, at the instance of the plaintiff is directed against Order No.2 dated 17-11-96 in Other Suit No.146 of 1996 passed by Senior Assistant Judge. Acting Judge of the First Court of Assistant Judge, Sadar, Chittagong, in Other Suit No.146 o..

Category: Procedural Law | Date: | Hits: 178

Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)

....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.......site party. Civil Revision No.37 of 1990. Judgment Md. Joynul Abedin J.- This Rule obtained by the plaintiff-petitioner is directed against the order dated 17-10-1989 passed by the Assistant Judge in Title Suit No.159 of 1984 accepting the additional written statement. 2. The petitioner ..

Category: Procedural Law | Date: | Hits: 148

Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)

....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......8. Judgment Md. Ali Asgar Khan J.- This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 27-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing Miscellaneous Case No.7 of 1998 under Order 9 rule 13 of the C..

Category: Procedural Law | Date: | Hits: 131

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......st Appeal No.77 of 1988. Judgment Md. Abdul Karim J.- This appeal at the instance of defendant No.1 is directed against the judgment and decree dated 23-4-1998 passed by the learned Subordinate Judge, 3rd Court, Dhaka decreeing the suit for specific performance of contract being Title Suit No...

Category: Property Law | Date: | Hits: 120

Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)

....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. .........................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and Appel­late Election Tribunal, Bhola and ors, 38 DLR (AD) 1972; 6 DLR (FC) 56; 11 DLR (SC)..

Category: Procedural Law | Date: | Hits: 152

Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)

....lling centres of ward No.1 on 16.4.88, because polling was dis­turbed. After the re-poll the petitioner was declared to have secured more than 736 votes over his nearest ri­val respondent No.4. The Presiding Officers submit­ted results, the Returning Officer consolidated the same and the result w......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...

Category: Election Law | Date: | Hits: 216

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

....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.......y a Proclama­tion of Withdrawal of Martial Law dated November 11, 1986. Sentences passed by the Military Courts, if not already executed, will be put into execution under the warrant of the Sessions Judge. Investiga­tion of offences punishable under Martial Law Regu­lation or Orders shall be inst..

Category: Election Law | Date: | Hits: 220