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M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....2.71 was specifically repealed and all notifications issued there-under were specifically saved. As we have noted earlier, by President's Order No.16 of 1972 issued on 28. 2. 72, a more elaborate law was provided not only for the control and management of the abandoned properties but also for th......itioners. Fakir Shahabuddin Ahmed, Attorney General with Abdul Wadud Bhuiyan, Asst. Attorney-General—For Respondent No. 1. Kazi Golam Mahbub, Advocate—For Respondent Nos. 2 and 3. Petition No. 352 of 19724. Judgment S.M. Hussain J.—A Notification No. 2......not necessary to enter at this stage with this controversy excepting to state that under the provisions of the proclamation of independence, the President and the Acting President has powers to issue orders both legislative and executive in nature. So far as the Acting President's Order of 26.12..Category: Abandoned Properties Law | Date: | Hits: 7
....r suspending the existing (Governing Body of the Society. A Rule Nisi was issued calling upon the respondent to show cause why the aforesaid order should not be declared to have been made without any lawful authority and is of no legal effect. Pending the disposal of the Rule, the Care Taker Body, w......of Governors,
Bangladesh National Society for the Blind…………Petitioner
Vs.
Bangladesh and others……………………………&h......Governing Body, the Board can take appropriate penal action by way of dissolution and reconstitution of the Governing Body……………….(21)
Whether an interim order for temporary suspension of a person in any office is a penal action by itself and it has been..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....mned cell to the cell meant for other convicts of like nature. Let a copy of the judgment be forwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ......2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is clear from the evidence and the circumstances of the case that the appellant had no premeditation to murder Sohel or anybody......learned Sessions Judge also convicted him for the offence punishable under section 324 of the Penal Code and sentenced him to suffer rigorous imprisonment for 2 years. Being aggrieved by the impugned order of conviction and sentence, accused Majibur Rahman Gazi preferred Criminal Appeal No. 64 of 19..Category: Criminal Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....ip;Respondents Judgment April 21, 2013 Result: The Rule is made absolute. Acquirement of jurisdiction of Court A court acquires jurisdiction only from the statute or the law which has constituted the court and no parties to any litigation can confer such jurisdiction on......zmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)……………….............................. Appellants Vs. Artha Rin Adalat, Khulna and another…………………Respondents Judgment Ap...... petitioner before the Artha Rin Adalat, 2nd Court, Khulna for realization of loan of Taka 11, 32,972.25. Accordingly, the Artha Rin Adalat registered the same as Miscellaneous Case No.148 of 1991 by order dated 19-6-1991, and subsequently, by ex parte Order dated 31-5-1992 allowed the Miscellaneous..Category: Others | Date: | Hits: 3
SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)
....Adalat Ain, 2003, wherein it has been specifically provided that the Artha Rin Adalat's case should be tried by the learned District Judge under the authority of the said Ain and not by any other law. There is a specific provision for Transfer of the Artha Rin case since the Artha Rin Adala......10) of the Artha Rin Adalat Ain, 2003, wherein it has been specifically provided that the Artha Rin Adalat's case should be tried by the learned District Judge under the authority of the said Ain and not by any other law. There is a specific provision for Transfer of the Artha Rin case sinc...... aforesaid suit from the Court of the Artha Rin Adalat No. Dhaka to any other Court of the Artha Rin Adalat for trial of the same. 4. The learned District Judge, Dhaka by his impugned order dated 9-4-2007 transferred the instant case to the Artha Rin Adalat No.3, Dhaka for hearing an..Category: Banking Law, Civil Law | Date: | Hits: 3
Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....2, 1980. Result: All the appeals are allowed. Section 34 is not meant for establishment of any right, but it provides for enforcement of any existing right guranteed or secured by law, award or settlement. (7) Lawyers Involved: Serajul Huq and Amir Hossain, Advocates, i......4 is not meant for establishment of any right, but it provides for enforcement of any existing right guranteed or secured by law, award or settlement. (7) Lawyers Involved: Serajul Huq and Amir Hossain, Advocates, instructed by S.M. Huq, Advocate-on-Record-For the appellants Civi......llants Civil Appeal 102 to 108 of 1979 from Writ Petition 191 to 193 and 195 to 197 of 1977. Judgment Shahabuddin Ahmed J.- These seven appeals by special leave are directed against an order of the High Court Division dated 11-4-77 summarily dismissing corresponding seven Writ Petitio..Category: Labour and Industrial Law | Date: | Hits: 1
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....is to prove the truth of those statements there should be no objection in receiving then. Indeed the Privy council observed in the case of Subramoniam Vs. Public prosecutor (1) quoted in Barker's law of Evidence, 11th Editor, page 592:- "Evidence of a statement made to a witness by a person......p;……………….......................Respondent Judgment July 16, 1980 Result: The appeal is dismissed. Case Referred to- Kashi Nath Panday Vs. Emperor. AIR 1942 Cal. 214; Subramoniam Vs. Public Prosecutor (1956) 1 WLR 965; Telikecher......r Rahman, Advocates-For the Appellant. Fakrul Islam, Advocate-For the State. Criminal Appeal No.239 of 1974 Judgment A. T. M. Afzal J.- This appeal arises out of the judgment and order dated the 27th February, 1974 passed by the learned Sessions Judge and Ex-Officio Senior Speci..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)
....l of the appeal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ......Baset MajuMd.er, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record.—For the Respondent. Criminal Petition for Leave to Appeal No.107 of 2011 . (From the judgment and order dated 27-10-2010 passed by the High Court Division in Criminal Appeal No. 3536 of 2009) ......t MajuMd.er, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record.—For the Respondent. Criminal Petition for Leave to Appeal No.107 of 2011 . (From the judgment and order dated 27-10-2010 passed by the High Court Division in Criminal Appeal No. 3536 of 2009) O..Category: Criminal Law | Date: | Hits: 4
State Vs. Barrister Nazmul Huda and other, 2014, 43 CLC (AD)
....peal on merit afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 212 ......; State..................................................Petitioner Vs. Barrister Nazmul Huda and other………….Respondents Judgment December 1, 2014. &nbs....... Md Wahidullah., Advocate-on-Record—For the Respondent. (In Criminal Petition No. 263 of 2011) Criminal Petition for Leave to Appeal Nos. 247 with 263 of 2011. (From the judgment and order dated 20-3-2011 passed by the High Court Division in Criminal Appeal No. 4813 of 2007) Or..Category: Criminal Law | Date: | Hits: 2
Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
....2 passed by the High Court Division in Criminal Revision No.150 of 2011 is set-aside. 7. The case is sent back on remand to the court of appeal below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Cas......-on-Record—For the Respondent No. 1. Md. Shamsul Alam, Advocate-on-Record—For the Respondent No.2. Criminal Petition for Leave to Appeal No. 442 of 2012. (From the Judgment and order dated 22-1-2012 passed by the High Court Division in Criminal Revision No. 150 of 2011). ...... 17, 2014. Result: The petition is disposed of. Sub-section (4) of section 439 of the Code debars the High Court Division to convert an order to acquittal to one of conviction. High Court Division has exceeded its revisional power by re..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....Rahman filed a petition of complaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assembly along with other unknown persons, criminally trespassed into the complaina......igh Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Haji Azizur Rahman and others ........................Petitioner Vs. Syeedul Haque Chowdhury.......................; Judgment Md. Abdul Jalil J.—This Rule issued at the instance of the accused petitioners calls in question an order dated 16.4.1984 passed by the Assistant Sessions Judge, 2nd Court, Chittagong deemed to have b..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....s stated in the petition. The petition was taken up for consideration on 24.9.84. It appears that the A.P.P. submitted that there was no bar in proceeding further in the case and cited some case laws with reference to section 249 Cr.P.C. The Additional Sessions Judge, however, apparently disagr......arties. Criminal Revision No. 47 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessio......application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C (4) Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipulated period ..Category: Criminal Law | Date: | Hits: 1
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla......raining, Research Evaluation Communication Centre of the Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk. 3000/ per month; but the Additional Deputy Commissioner, Dacca by his order dated 6-3-71 requisitioned the house in Requisition Case No. 2040 of 1971 and took possession ..Category: Constitutional Law | Date: | Hits: 3
....enied to have executed the deed of Hiba‑bil‑Ewaj on receipt of piece of Holy Quran. Nowhere from her evidence it transpires that the disputed deed was read over or explained to her. Father‑in‑law of defendant No.1 who figures as attesting witness in the deed of Hiba‑bil‑Ewaj did not depo......on)
Present:
Syed Fazle Ahmed J
Abdul Mannan Shah & others........................................Petitioners
Vs.
Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others ……………Opposite‑Parties
Judgment
August 5, 1......uch disposition, I am inclined to hold that the learned District Judge, Naogaon did not commit any error of law resulting in erroneous decision occasioning failure of justice and as such the impugned order passed by the learned District Judge in the aforesaid Title Appeal does not call for any inter..
Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....o. 134 of 1977. Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follo...... Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follows: The dete...... have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follows: The detenu Khalequzzaman was arrested on 18-3-74 and on 27-3-74 an order of detention was passed under the Special Powers Act. That detention was challenged in Writ Pe..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....ty, or with any dominion over 1 property, dishonestly misappropriates or converts to his" own use that property or dishonestly uses or disposes of that property, in violation or any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express ...... also Reported in: 31 DLR (HCD) (1979) 63 ......king a Reference to this court for quashing the aforesaid proceedings. The matter was heard by the Additional Judge, Second Court, Chittagong, who after hearing the parties rejected the motion by his order dated 6-4-78 in Criminal Motion No.595/77. Thereafter the accused petitioners moved this ..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....t Judge, or a decree has been passed by a Court of Joint District Judge, Senior Assistant Judge or Assistant Judge, from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Div....... Ed. This Case is also Reported in: 57 DLR (2005) 319. ......he High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1 of section 115 does not confer the revisional power upon the High Court Division, in respect of any 'order' passed by the Joint District Judge. The statute does not provide that the High Court Divi..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....hey come and stay with defendant No.1. 10. Mr. Nurul Amin, the learned Advocate appearing on behalf of the plaintiff-opposite parties submits that the plaintiffs are entitled to maintenance as per law and that both the Courts below concurrently held that the plaintiffs are entitled to maintenance......nal Jurisdiction) Present: Quamrul Islam Siddiqui J Adhir Das………………………………………………………………………………..Petitioner Vs. Arati Rani Das and others……………………………………………………..Opposite Parties Judgment......ft the house to defendant No.1 without permission of his parents. Plaintiff No.1 was unwilling to perform her part of marital obligation. Plaintiff No.2 was under the custody of defendant No.1 and in order to rear her up defendant No.1 on 20.4.1997 an since then there was no conjugal relationship be..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....isions of Section 6(5) of the Artha Rin Adalat Ain, 2003 has passed the impugned order dated 18.06.2009 and as such the impugned auction notice is liable to be declared to have been published without lawful authority and is of no legal effect. 3. Mr. Mustafa Zaman Islam, the learned D.A.G. has fa......ase is also Reported in: 18 BLT (HCD) (2010) 69. ......ায় প্রাথমিক ডিক্রী প্রদান করা হইল।” and also challenged the auction notice dated 09.07.2009 published in Daily Amar Desh by Sonali Bank, in order to sell the mortgaged properties passed vide order dated 18.06.2009 in Artha Zari Suit No.512 ..Category: Civil Law | Date: | Hits: 37
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....e parties contested the Rule by filing a counter affidavit denying the allegations made in the plaint contending that the petitioner being a minor was living with and under the care of his brother-in-law at Gopalganj and represented by a Court Guardian. As the petitioner being a minor was represente......ted in: 18 BLT (HCD) (2010) 305. ......d. Delwar Hossain J.- This rule upon an application under section 115 of the Code of Civil Procedure was issued on 30.3.1989 calling upon the opposite parties to show cause as to why the judgment and order dated 25.6.1989 passed by the learned District Judge, Gopalganj in Miscellaneous Appeal No.14 ..Category: Procedural Law | Date: | Hits: 28
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