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Displaying 2001-2020 of 7097 results.
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....ed Dolon was proÂduced to the concerned Magistrate. 42. Considering this aspect of the present case we are of the view that the P.W.1 being an officer of an elite force has violated the mandatory provision of law; after apprehending the accused without sending him to the local Police Station and...... Vs. State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the eviÂdence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of ..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....two laws have repealed the Pourshava Ordinance, 1977 and the Dhaka City Corporation Ordinance, 1983 and also other City Corporation laws. 15. In these two new Ordinances of 2008 we do not find any provision authorising a Ward Commissioner of a City Corporation re-designated as Councilor, any auth......mmad Ali, Advocate - For the respondent No.8. Md. Abdun Nur, Advocate - For the respondent No.4. Writ Petition No. 5444 of 2007. Judgment Md. Emdadul Huq J.- This Rule is about the lawful authority of a Commissioner of the Dhaka City Corporation in giving a decision on a land disp..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....t in the case repotted in 43 DLR (AD) 82, 51 DLR (AD) 57, 19 BLD (AD) 156 and 38 DLR (AD) 201. 18. It reveals that the plaintiff instituted family suit No.19 of 2002 in the Family Court, under the provisions laid down in section 6 of The Family Court Ordinance, 1985. Section 10 of The Muslim Fami...... dower inasmuch as the marriage between the plaintiff and defendant, was not consummated. The learned Counsel lastly submits that the Court of appeal below without appreciating the material facts and law decreed the suit for the entire amount of the dower, thereby committed an error of law, resultin..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....ous and clearly convey a reasonable meaning, the Court has no power to read into the statute words for conveying a different meaning. The rule of literal construction requires the Court to construe a provision of a statute according to the ordinary and natural meaning of the language used by the leg......ssed in a foreign arbitration, pursuant to section 3(2) read with sections 45, 46 and 47 of the Act …………………………………..(20) The Appellate Division already mentioned that the law as per section 3(1) and secÂtion 3(4) of the Act barring the Court from granting an order of in..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....ibers, subscribing for total 2000 numbers shares of Tk.100 each. These 4 subscribers each has subÂscribed for 5,000 shares equally. Article 14 and Article 26 of the Articles of Associations contains provisions to from quorum requiring presence of all 4 Members, for holding the General Meetings as w......as issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the respondents. He next..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......ond’ is to hide and when a person is hiding from the place of residence he is said to be absconder. In the Concise Oxford Dictionary the word "abscond" is defined as "depart secretly; flee from the law"...............(5) The Anti‑Terrorism Act, 1992; section 11 Satisfaction is the mental a..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....Declaration) Act, 1973. 7. From the preamble of the Arms Act it appears that the Act was enacted to consolidate and amend the law relating to arms, ammunition and military stores. It lays down the provisions for possession of the firearms under licence and the punishment for not having any licenc......ted 2‑8‑93 issued by respondent No.2 to the petitioner (Annexure‑A) and the seizure of the arms of the petitioner as mentioned in Annexure‑"E" should not be declared to have been made without lawful authority and are of no legal effect. 2. The relevant facts stated in the petition, are th..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
.... that date shall be tried by the Courts in which those were pending. But subsequently, the said section 9 was repealed and replaced by a new section 9 by Act 51 of 1990 enacted on 31-7-1990. This new provision envisaged that on the enactment of said Act 51 of 1990 all the pending suits filed by any ......ed by them, would stand transferred in the respective Artha Rin Court within the District. . . According to Section 3 of the Act the provisions of this Act will be effective notwithstanding any other law for the time being in force……………………………..(13) The counter claim of the d..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....ransfers have been taking place in this country for a long time and have been mentioned in at least one statue i.e. in section 96(10) of the State Acquisition and Tenancy Act, 1950. According to that provision certain gift or Heba are exempted from pre-emption, but not a "Heba-bil-Ewaz for pecuniary......ift or Heba are exempted from pre-emption, but not a "Heba-bil-Ewaz for pecuniary consideration". A document of Heba-bil-Ewaz has to be treated as a contractual document in the nature of sale and the law of contract is applicable to such a document……………………………….(29, 30 & 3..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....hich he asserts, must prove that those facts exist: When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person." 11. In view of the above provision of law, in the instant case, initially the burden of prove lies upon the plaintiff to prov......or proving marriage. No amount of oral eviÂdence can cure the deficiency and no amount of oral evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according to law, the alleged marriage being flatly denied by the defendant.....................(15) Case Refe..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
..... Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overÂriding law. From a combined reading of the provisions of section 4 and section 6(1), it is abundantly clear that the authorized Executive Magis......…………….Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overÂriding law. From a combined reading of the provisions of section 4 and section 6(1)..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
.... have been affected by auction has the right to file an application under section 23 of the Public Demand Recovery Act 1913, to set aside the auction sale. 18. For the convenience of understanding provisions of law described in section 23 reads as hereunder: Public Demand Recovery Act, 1913 ......ed in the auction sale and on 01.08.1962 purÂchased the suit property by auction; that subÂsequently his sale was confirmed by the learned Court and possession was delivered to him in due course of law. Thus the suit is liable to be dismissed. 5. On the pleadings following issues were settled: ..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......e other police personnel who were the alleged member of the check post duty. Therefore, the impugned Judgment and order of conviction and sentence passed against appellant Ujjal is not sustainable in law. 8. Mr. Mohammad Ali, the learned Advocate appearing for the appellant Golam Rasul @ Mamun ad..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......nd may be said to the interest of Ismail Chairman as such it cannot be said to be true voluntary and inculpatory and conviction relaying upon such confessional statement is not sustainable, either in law or on the facts of the given case. He also submits that out of 10 witnesses, 3 are official witn..Category: Criminal Law | Date: | Hits: 89
....Election Appellate Tribunal (Upazilla Parishad Election), Pirojpur, respondent No.1 and after hearing by the impugned judgment and order dated 08.2.2010 dismissed the appeal holding that there was no provision in law to prefer any appeal against an interlocutory order passed by the Election Tribunal......ge an order passed in Election Suit No.01 of 2009, stating that interlocutory orders passed by the Election Tribunals are not appealable, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.
2. The petitioner challenging the judgment and order ..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....tha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execution Case in time, the Adalat will take steps to sell the mortgage property in auction first under the provision of Section 33(1)(2)(3) of the Artha Rin Adalat Ain, 2003, and in case of failure to sell t...... the absence of filing of application for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decretal dues will be patently unlawful………….(7) Lawyers Involved: Rafiqul Islam Mehedi, Advocate - For the petitioner...Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......n on 2.10.2002) decreed the suit. The defendant No.1 by the decree of permanent injunction was restrained from disturbing peaceful possession of the plaintiffs in the suit land without due process of law. The defendant No.1, Akram Ali against the said judgment and decree preferred Title Appeal No.52..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....……………………………..Appellants Vs. The State..........................Respondent Judgment August 16, 2007. Result: The appeal is allowed. Reasonable doubt The provision of law regarding burÂden of proof is that in a case involving severe punishment or life i......€¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellants Vs. The State..........................Respondent Judgment August 16, 2007. Result: The appeal is allowed. Reasonable doubt The provision of law regarding burÂden of proof is that in a case involving severe punishment or life imprisonment, ..Category: Criminal Law | Date: | Hits: 84
....6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......the consignment. The defendant vide letter dated 30.7.1979 repudiated the claim and stated that they are not liable for the aforesaid short delivery and as such the claim is not tenable in the eye of law. As the defendants are not at all willing to setÂtled the claim of the plaintiff and since the ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... is also evidence within the meaning of section 3 of the Evidence Act................................(39) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 103 The object of the provisions of section 103, CrPC is to ensure conducting of search in an impartial way and fair manne......the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by construction of law......................................(31) The word control means effective control and the wo..Category: Criminal Law | Date: | Hits: 92
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