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State Vs. Barrister Nazmul Huda and other, 2014, 43 CLC (AD)
..... 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......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 ..Category: Criminal Law | Date: | Hits: 2
Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
.... 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...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....; 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......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....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 ......oper case and direct trial notwithstanding the provisions as to conclusion of trial within a specified time. While we find our inability to do anything in the present case. We hope that the Government would come forward with some legislative measure authorising the superior Court to interf..Category: Criminal Law | Date: | Hits: 1
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....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 ......sp; Abdul Matin Chowdhury J Hazi Md. lliyas……………………………………….Petitioner Vs. Government of the People's Khan Republic of Bangladesh………..Respondents ..Category: Constitutional Law | Date: | Hits: 3
....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......y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
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Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
.... 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......it is stated in the petition, took active part in the iteration war. He was the President of JSD, Chandpur, Comilla. In 1973 he contested in the general election and he was a vocal critic of the then Government because of its corruption and nepotism, etc, as a result the local Awami League workers b..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....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 ...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....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...... by the Joint District Judge, even in appeal, is not subject to challenge before the High Court Division under its present revisional powers. Cases Referred to- Stratus Construction Co. Vs. Government of Bangladesh, 2002 BLD 236; Narayana Swami Vs. Emperor, AIR 1939 PC 47; Gurdial Singh Vs..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....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......inistrative approval of the Supreme Court, the above notification does not assume the character of law. It is the common knowledge that law cannot be amended by the administrative notification of the Government, though such notification was issued with the administrative approval of the Supreme Cour..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....া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 ......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ..Category: Civil Law | Date: | Hits: 37
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....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 ......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....evenue),Dhaka, as the Administrator of Bangladesh Mudran Shilpa Samity should not be declared to have been issued without lawful authority and is of no legal effect and/ or pass such other or further order or order of this Court may seem fit and proper. 2. It has been asserted in the Writ Petitio...... S.M. Mohsin, Son of Md. Rezaul Haque Sarker, Senior Vice-President, Bangladesh Mudran Shilpa Samity, 37/38/1, Nabodip Bosaklane, Lakshmibazar, Dhaka-1100………………Petitioner Vs. The Government of the People's Republic of Bangladesh, Represented by The Secretary, Ministry of Commerc..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....…………………. Appellants Vs. Lever Brothers (Bangladesh) Ltd ……………………….. Respondent Judgment February 11, 2009. Result: The appeal is allowed without any order as to cost. Cases Referred to- 9 BLC 218; 11 BLC 83; 5 BLC 579; 1990 BCR 194. L...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....astat Limited a private limited company engaged in the business of tourism invoked this writ petition upon which this Rule was issued calling upon the Respondents to show cause as to why the impugned order dated 14-11-2007 passed by the Respondent No.1 vide Nathi No. Customs Excise and VAT Appellate......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special Case......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... object to promote, protect and safeguard the interest of the indenting Agent in Bangladesh. The Government promulgated the importers, Exporters and Indentors Registration Order, 1981 and in the said order Article 2 defines meaning of indentors which includes a firm, institution, body, organization,......int Stock Companies and Firms. It was incorporated on 30-4-198; under the Companies Act 1913 with the object to promote, protect and safeguard the interest of the indenting Agent in Bangladesh. The Government promulgated the importers, Exporters and Indentors Registration Order, 1981 and in the sa..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
.... Parties. Civil Revision No.806 of 1979. Judgment Abdul Matin Khan Chowdhury J.- This rule was issued calling upon the Deputy Commissioner Jessore to show cause with the Judgment and order passed by the learned Subordinate Judge, Jessore on 18.6.79 in Misc. Appeal No.6/79 affirming ......ported in 25 DLR at pages 248 and 476 He has also referred to a decision reported in 16 DLR (SC) page 281. 5. It is the case of the plaintiffs that the suit land has been illegally acquired by the Government and as such that order should be set aside. According to the plaintiffs, the suit land is..Category: Property Law | Date: | Hits: 19
....ions of the learned Advocate for the appellants appear to be without any substance. I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
...... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....lur Rahman (Helal), Advocate - For the Respondents. Writ Petition No.7913 of 2007. Judgment Mir Hashmat Ali J.- This Rule nisi was issued calling upon the Respondents to show cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismiss......ain, Village-Amirabad, Police Station-Keraniganj, District-Dhaka and others……………………………………Petitioner Vs. Bangladesh, Represented by the Secretary, Ministry of Works, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and 12 others……………………..Category: Procedural Law | Date: | Hits: 24
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